2529 
9 

.y 1 



DELAWARE 
SCHOOL CODE 



1919 



DELAWARE 
SCHOOL CODE 



1919 



Published by Authority of 
Secretary of State 



ILFQRD CHRONICLE PUB. CO. 
MILFORD. DELAWARE 



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JAN 28 1920 



DELAWARE SCHOOL CODE 



AN ACT to repeal Chapter 71 of the revised Code of 
the State of Delaware entitled "Free Schools" and to pro- 
vide a nev^ Chapter 71 entitled "Public Schools." 

Be it enacted by the Senate and House of Representa- 
tives of the State of Delaware, in General Assembly met: — 

Section 1. That Chapter 71 of the Revised Code of the 
State of Delaware be, and the same is hereby repealed, in- 
cluding 2273, Section 1, and 2326. Section 54, and all inter- 
vening Sections, as the same have been heretofore amended, 
being the entire Chapter, and this new Chapter 71 is provided 
in lieu thereof, containing the following Sections: 2273. Sec- 
tion 1, and 2326-164. Section 216, and all intervening Sec- 
tions ; and all Acts and all parts of Acts inconsistent with the 
provisions of the said new Chapter 71 are hereby repealed. 



ARTICLE 1. STATE BOARD OF EDUCATION 

2273. Section 1. The General administration and su- 
pervision of the free public schools and of the educational 
interest of the State shall be vested in a State Department 
of Education, at the head of which shall be a State Board of 
Education. The State Board of Education shall be composed 
of five members, who shall be appointed by the Governor 
from the citizens of the State, for a term of five years, be 
grinning on the first day of July next succeeding their ap- 
pointment, and they shall hold office until their successors 
qualify. Provided that the terms of office of persons who 
are members of the Board at the time this Act goes into ef- 
fect shall automatically expire, but such members of said 
Board shall be qualified for appointment under the provisions 
of this Section, except in such cases as they are disqualified 
by the provisions of this Section. In making the first ap- 
pointments under this Section, the Governor, immediately after 
this Act goes into effect, shall appoint to this Board one 
member to serve until the first day of July, 1920 ; one member 
to serve until the first day of July, 1921 ; one member 
to serve until the first day of July, 1922 ; one member to serve 
until the first day of July, 1923, and one member to serve 



until the first day of July, 1924; and until their repective 
successors qualify. Thereafter, as the respective vacancies 
occur, appointments to this Board shall be made by the Gov- 
ernor before the first day of July and the term of each mem- 
ber shall be five years. The members of the Board shall be 
appointed solely because of their character and fitness, but 
no person shall be appointed to this Board who is in any 
way subject to its authority. Vacancies on the Board for 
any cause shall be filled by the Governor for the unexpired 
term, and until a successor qualifies. Any member of this 
Board shall be eligible for reappointment unless otherwise 
disqualified by the provisions of this Section. 

2274. Section 2. The offices of the State Board of Edu- 
cation shall be at Dover and shall be provided by the State. 
The State Board of Education shall hold its annual meeting 
each year, at its office, on the first day of July. At this meet- 
ing the Board shall each year elect one of its members to 
serve as President, and one to serve as Vice-President. Other 
regular meetings shall be held on the first day of Septem- 
ber, December, and March, and such special meetings may 
be held at such places as the duties and business of the 
Board may require. The rules generally adopted by delib- 
erate bodies for their Government shall be observed by the 
State Board of Education. No motion or resolution shall be 
declared adopted without the concurrence of a majority of 
the whole Board. 

2275 Section 3. The members of the State Board of 
Education shall receive a compensation ten ($10.00) dollars 
per day for each day's attendance at the meetings of said 
Board provided that they shall not receive pay for more than 
one day's attendance each calender month and shall also re- 
ceive their actual traveling and other necessary expenses in- 
curred in attending the meetings and transacting the busi- 
ness of the Board. 

2276. Section 4. The State Board of Education shall ap- 
point, subject to the provisions of Section 31 of this Chapter 
as its executive officer, a State Commissioner of Education, 
who sh'all also be the Secretary of the State Board of Educa- 
tion. As secretary he shall conduct all correspordence of 
the Board, keep and preserve all its records, receive all 
reports required by the Board and see that such reports are 
in proper form, complete and accurate. He shall attend all 
meetings of the Board and of its committees, except when 



his own tenure, his salary, or the administration of his office 
are under discussion, and shall have the right to advise on 
any question under consideration, but shall have no right 
to vote. In case the office of the State Commissioner of Ed- 
ucation is temporarily vacant, or when the State Commis- 
sioner is absent by reason of the business in hand, the Board 
shall appoint one of its members to act for time being as 
Secretary. 

2277. Section 5. The State Treasurer shall be the Treas- 
urer of the States Board of Education. He shall receive and 
hold all moneys which the State Board of Education is en- 
titled to by law and which may come into its possession, and 
shall deposit all such moneys in the financial institutions 
which is the legal depository of State moneys in the custody 
of the State Treasurer. He shall pay out all such moneys 
on the written order of the President of the State Board of 
Education and of its Secretary, and shall keep such records 
and accounts of its funds as the State Board of Education 
may require. 

2278. Section 6. The State Board of Education shall 
cause the provisions of this Chapter to be carried into ef- 
fect. It shall determine the educational policies of the State 
and enact by-laws, or rules and regulations for the admin- 
istration of the public school system, which, when enacted 
and published, shall have the force of law. For the purpose 
of enforcing the provisions of this Chapter, and the enacted 
and published, by-laws of the Board, the State Board of Ed- 
ucation is empowered and shall remove, for immorality, mis- 
conduct in office, incompetency or wilful neglect of duty, any 
officer elected by popular vote or appointed under the pro- 
visions of this Chapter or any special school law, giving him 
a copy of the charges against him and an opportunity of being 
publicity heard, in person or by counsel, in his defense, upon 
not less than ten days' notice. Vacancies in office caused by 
such removals shall be filled by the State Board of Educa- 
tion, such appointees holding office until the next regular 
school election, when the vacancy or vacancies shall be reg- 
ularly filled for the remainder of the unexpired term of the 
officer or officers removed. 

2279. Section 7. The State Board of Education shall 
exercise, through the State Commissioner of Education and 
his professional assistants, general control and supervision 
over the free public schools of the State ; they shall consult 



with and advise through their executive officer and his pro- 
fessional assistants, County Boards of Education, Boards of 
Education of Special School districts, Boards of School Trus- 
tees, County Superintendents of Schools, Superintendents ot 
Schools of Special School districts, supervisors, attendance 
officers, principal teachers, and interested citizens, and shall 
seek in every way to direct and develop public sentiment in 
support of public education. 

2280. Section 8. The State Board of Education shall 
prescribe rules and regulations for the hygienic, sanitary and 
protective construction of school buildings. It is empowered 
and shall in its discretion condemn for school purposes, pub- 
lic school buildings that violate these rules and regulations. 
No contract for the erection of a new public school building, 
or for the material alteration of an old public school build- 
ing, costing three hundred dollars ($300) or more, shall be 
valid unless the plans and 'specifications for the same shall 
have been approved by the State Board of Education and 
received the written endorsement of the State Commissioner 
of Education. 

2281. Section 9. The State Board of Education shall 
prescribe rules and regulations for the protection of the 
health, physical welfare, and physical inspection of school 
children of the State. 

2282. Section 10. The State Board of Education shall 
prescribe rules and regulations for grading and standardizing 
all public schools. It shall limit on the basis of the equip- 
ment and' number of teachers employed,, the years and grades 
of instruction offered in such schools. It shall prescribe the 
minimum requirements for issuing all certificates and diplo- 
mas from public schools of this State, and, in co-operation 
with the President of Delaware College and the Dean of the 
Women's College of Delaware, the minimum requirements 
for issuing all academic, normal school, collegiate, profes- 
sional , or university degrees. No pubHc school with only one 
teacher, unless otherwise authorized by the State Board of 
Education, shall attempt more than the first six grades ot 
elementary school work, and no public school shall attempt 
high school instruction without the consent of the State Board 
of Education. Nor shall any public or private educational 
institution issue any certificate, diploma, or academic, col- 
legiate, professional, or university degree unless in acc6rd 
with the requirements prescribed as aforesaid. 



2283 Section 11. The State Board of Education siiall 
prescribe minimum courses of study for all public elementary 
schools and all public high schools. These courses of study 
shall be printed in such quantites as to provide each pub- 
lic school official and teacher with a copy, ana suflicient fo^' 
distribution among private schools and interested citizens 
of the State. In every elementary school of and in the State 
there shall be taught at least reading, spelling, handwriting, 
arithmetic, oral and written English, geography, history of 
the United States and Delaware, community civics, elc 
mentary science, hygiene and sanitation, physical training, 
and such other studies as may be prescribed, by the State 
Board of Education. English shall be the only language 
employed and taught in the first six grades of the elementary 
schools of and in the State, provided in case this provision is 
violated by individuals, private educational associations, cor- 
porations, or institutions, the State Board of Education shall 
take such legal action as will enjoin such violation. 

2284. Section 12. The State Board of Education shall 
prescribe the textbooks to be used in all elementary schools 
and in all high schools of the State. The State Board of 
Education shall also fix with the respective publishers the 
prices at which their respective textbooks shall be sold to the 
County Boards of Education and to the Boards of Educa- 
tion of Special school districts. The State textbook list shall 
be an open list, that is, a list from which the local school 
authorities may choose. Textbooks may be added to or drop- 
ped from the list at any regular meeting of the Board, pro- 
vided that when a textbook has been added to the list it may 
not be dropped before the expiration of four (4) years from 
the date of its being placed on the list. This list of textbooks 
shall be printed in such quantities as to provide each public 
school official and teacher with a copy, and sufficient for 
distribution among private schools and interested citizens of 
the State. 

2285. Section 13. The State Board of Education shall 
prescribe rules and regulations, also the subjects and the 
standards of teachers' examinations, agreeable to the pro- 
visions of Article 8 of this Chapter, for the certification of 
teachers in the public schools of the State and, in co-opera- 
tion with President of Delaware College and the Dean of 
the Women's College of Delaware, for the acceptance of the 
diplomas of the normal schools, colleges, and universities of 
Delaware, as well as other States. No individual public 



or private educational association, corporation, or institution 
shall offer a course or courses for the training of public school 
teachers without having first procured the assent of the State 
Board of Education of such teacher training course. 

2286. Section 14. The State Board of Education shall 
prescribe, in co-operation w^ith the President of Delaware, 
College and the Dean of the Women's College of Delaware, 
the conditions on which teachers now employed and pro- 
spective teachers may attend summer school and receive from 
the State the whole or part of the expenses incurred by such 
summer school attendance. 

2287. Section 15. The State Board of Education shall 
prescribe, subject to the provisions of Article 12 of this Chap- 
ter, the conditions as to buildings, educational equipment 
and suppHes, library, laboratories, courses of study and units 
of work offered, number and qualifications of teachers em- 
ployed, and enrollment and average daily attendance which 
must be fulfilled in order that high schools may secure the 
respective amounts of State aid provided for in Article 12 of 
this chapter The State Board of Education shall annually, 
f)rior to the fifteenth of September, make, and publish a list 
of high schools of each class entitled to State aid accord- 
ing to provisions of Article 12 of this Chapter. 

2288 Section 16. The State Board of Education shall 
prescribe rules and regulations governing the admission of 
pupils from schools under the jurisdiction of County Boards 
of Education into the schools — particularly into the high 
schools — of the special school districts. It shall fix the tui- 
tion rates which the County Boards of Education shall pay 
the Boards of Education of such special school districts for 
the instruction of children so admitted ; but in determining 
the rate of tuition to be paid, account should be taken of the 
State aid received by such high schools and also of benefits 
derived by such schools from the provisions of the Smith- 
Hughes Vocational Education Act, that is the tuition rate 
should be a reasonable rate, based on the actual local cost of 
high school instruction. Provided that children must firs*^ 
exhaust their respective local educational opportunities, that 
four year high school opportunities shall be open to all the 
children of the State, and that in all cases the tuition shall 
be a county educational expense, to be paid by the Comity 
Board of Education. 

8 



2289'. Section 17. The State Board Education shall 
prescribe rules and regulations Axing the date of the open- 
ing and closing of the several school terms in the school year, 
the hours of the daily school sessions, holidays on which the 
schools shall be closed, the pay of the teachers during absence 
because of sickness or quarantine, or when the schools are 
closed by quarantine, and the forms of contract that shall be 
executed between Boards of Education and all regular em- 
ployees. 

2290. Section 18. The State Board of Education shall 
prescribe subject to the provisions of Section 122 of this 
Chapter, the conditions as to buildings and grounds, educa- 
tional equipment and supplies, kinds and grades of schools 
supported, courses of study and units of work offered, num- 
ber and qualifications of teachers employed, supervisory and 
administrative direction and control provided which must be 
met and fulfilled in order that those cities and towns desig- 
nated as special school districts in Section 121 of this Chap- 
ter may continue to exercise the privileges of a special school 
district and to operate their respective schools under Arti- 
cles 5 and 6 of this Chapter, and which must be met and ful- 
filled by cities or towns before they may be erected by the 
State Board of Education into special school districts and 
operate their respective schools under Articles 5 and 6 ol 
this Chapter. In case any city or town designated in Section 
121 of this Chapter as a special school district, or any city 
or town hereafter erected into a special school district by the 
State Board of Education, fails to comply with the provisions 
of Section 122 of this Chapter, and the rules and regulations 
of the State Board of Education enacted under the provisions 
of this section, such city or town shall by order of the State 
Board of Education cease to exist as a special school dis- 
trict and shall automactically become a part of the County 
system of schools and subject to the authority and 
jurisdiction of the County Board of Education. In case 
any city or town designated in Section 121 of this Chap- 
ter as a special school district, or any city or town here- 
after erected into a special school district, according to the 
provision of this Section, shall by order of the State 
Board of Education cease to be a special school district, 
all property belonging to or held by the Board of Edu- 
cation of said special school district, and all assets, shall pass 
to the County Board of Education and be held in the cor- 
porate name of this Board, and the Board of Education of 
such special school district shall make and execute such deeds 



•of conveyance as are necessary to pass to the County Board 
-of Education the legal title to all such property; and all lia- 
bilities of the Board of Education of such special school dis- 
trict shall, after proper audit by the Auditor of Accounts, be 
assumed by the County Board of Education. When a new 
special school district is created under the provisions of this 
Section, there shall pass from the County Board of Education 
to the Board of Education of the said nev^ special school dis- 
trict, and be held in the corporate name of this Board, all prop- 
erty that naturally belongs to such new special school district, 
as determined by the State Board of Education and the 
County Board of Education shall make and execute such 
deeds of conveyance as are necessary to pass to the Board 
of Education of such special school district the legal title to 
all such property; provided that in case of a county school 
<iebt, the Board of Education of the new special school dis- 
trict shall assume its just proportion of such county school 
<iebt, as determined by the State Board of Education on con- 
sultation with County Board of Education, and the State 
Board of Education shall prescribe the conditions under 
which this debt shall be assumed. The State Board of Edu- 
cation is empowered and authorized to change, alter, fix and 
determine the boundaries of any and all special school dis- 
tricts herein designated, and of any and all special school dis 
tricts hereafter created. 

2291. Section 19. The State Board of Education and 
the State Commissioner of Education shall co-operate with 
County Boards of Education in the consolidation of the 
schools under the jurisdiction of County Boards of Education. 
The State Board of Education is authorized, empowered, di- 
rected, and required, to contribute twenty (20) per cent, of 
the total first cost of the grounds, buildings, and equipment of 
such consolidated schools, provided that in no fiscal year 
shall the amount so contributed exceed ten thousand dollars 
($10,000), and provided, further that the plans for such con- 
solidation and the plans for such grounds, buildings, and 
equipment are approved by the State Board of Education. 

2292. Section 20. The State Board of Education shall 
prescribe the rules and regulations for taking a biennial school 
census of all children within the State between six and eigh- 
teen years of age, inclusive; also the forms and blanks to be 
-employed in taking such census and in compiling the reports 
thereon. 

10 



2293. Section 21. The State Board of Education shall 
prescribe rules and regulations for the enforcement of school 
attendance as provided for in Article 10 of this Chapter 

j 

2294. Section 22. The State Board of Education shall 
prescribe a uniform series of forms and blanks for the use of 
County Boards of Education, Boards of Education of spe- 
cial school districts, Boards of School Trustees, school offt- 
-cials, and teachers and shall require all financial accounts, 
including the annual school budget, and all educational records 
to be kept and all reports to be made according to these 
forms and blanks. 

2295. Section 23. The State Board of Education shall 
require all persons conducting private schools, and all pri- 
vate educational associations, corporations, or institutions to 
report annually, on or before the thirty-first day of August 
as to enrollment, age of pupils, and attendance, on such forms 
as the State Board of Education may provide. Moreover 
the State Board of Education shall require all private schools 
•of an elementary and high school grade to report monthly, 
•on forms provided by the State Board of Education, to the 
Superintendent of the Schools of the Special School District 
'or to the County Superintendent of Schools, according to 
the location of the private school in question, giving the name 
of each pupil enrolled, the date of enrollment, total days of 
^attendance to date, and the number of days in attendance 
during the month which the particular report is made. 

2296. Section 24. The State Board of Education is au- 
thorized, empowered, directed, and required, along with the 
State Commissioner of Education to co-operate with the Fed- 
eral Board of Vocational Education in the administration of 
the provision of the Smith-Hughes Vocational Education 
Act. The State of Delaware accepts the benefits of this act 
passed by the Senate and House of Representatives of the 
United States of America, in Congress assembled, entitled : 
"An Act to provide for the promotion of vocational educa- 
tion : to provide for co-operation with the State in the pro- 
motion of such education in agriculture and the trades and 
industries : to provide for the co-operation with the State in 
the preparations of teachers of vocational subjects; and to 
appropriate money and regulate its expenditure," and will 
■observe and comply with all the requirements of said Act, 
and the State Treasurer is hereby designated as custodian 
•of any funds accruing to the State from the aforesaid Act. 

11 



2297. Section 25. The State Board of Education shall 
administer and enforce the law regulating the importation of 
dependent children, as given in Article 11 of this Chapter- 

2298. Section 26. The State Board of Education shall 
conduct investigations relating to the educational needs of 
the State and the means of improving educational conditions ; 
it may employ additional expert assistance for such investi- 
gations if needed, and appoint special agents for special in 
vestigations. 

2299. Section 27. The State Board of Education shall 
transmit biennially to the Governor and to the General As- 
sembly, certified to by the State Commissioner of Education 
an annual State public school budget, including the annual 
appropriation required for the State Department of Educa- 
tion, comprising the expenses of the State Board of Educa- 
tion, and the support and expenses of the Office of the State 
Commissioner of Education ; the annual appropriation for 
the payment of the teachers expenses for summer school attend 
ance ; the annual appropriation for the encouragement of the 
consolidation of schools; the annual appropriation to meet 
the provisions of the Smith-Hughes Vocational Education 
Act ; the annual appropriation for the payment of 
the salaries of county superintendents, county supervisors, 
and county attendance offtcers ; the annual appropriation for 
State aid to approve high schools ; the annual appropriation 
for State aid to elementary schools ; and such other appropri- 
ations as may be required for the support of the free public 
schools and the encouragement of public education. 

2300. Section 28. The State Board of Education shall 
submit each year, on or before the first day of January, to the 
Governor an annual report, prepared by the State Commis- 
sioner of Education and approved by the State Board of Edu- 
cation, covering all operations of the State Department of 
Education, and support, condition, progress, and needs of 
education throughout the State- Such annual report shall 
be printed in sufficient quantities for general distribution. 

2301. Section 29. It shall be the duty of the State Board 
of Education to consider the educational needs of the State, 
and to recommend to the Governor and the General Assembly 
such additional legislation, or changes in existing legislation, 
as may be deemed desirable. Such recommendations shall 

12 



be in the form of prepared bills and shall be laid before the 
Governor and General Assembly. The State Board of Ed- 
cation and the State Commissioner of Education shall be given 
a hearing on the same by the committees of the Senate and 
the House of Representatives to which such bills are referred, 
if this is requested. 

2302. Section 30. The State Board of Education shall 
perform such other duties as are assigned to it elsewhere in 
this Chapter, or may be assigned to it from time to time by the 
General Assembly. 



ARTICLE 2. STATE COMMISSIONER OF 
EDUCATION. 

2303. Section 31. The State Board of Education shall 
appoint a State Commissioner of Education for a term of two 
years and said Board shall fix his salary and pay same from 
the appropriation for the expenses and maintenance of the 
State Department of Education. He shall be a graduate of a 
standard college, have no less than two years of academic and 
professional graduate preparation in a standard university, 
and not less than seven years, experience in teaching and ad- 
ministration. Provided that the present State Commissioner 
of Education shall serve to the end of the term for which he 
was originally appointed, and until a successor qualifies. The 
State Commissioner of Education may be removed by the 
Board for immorality, misconduct in office, incompetency or 
wilful neglect of duty, upon making known to him, in writ- 
ing, the charges against him, and upon giving him an oppor- 
tunity of being heard, in person or by counsel, in his own 
defense, upon not less than ten days' notice. In case of va- 
cancy due to any cause, the State Board of Education shall 
fill the vacancy, and the appointment shall be for a full term, 
and until a successor shall qualify. 

2304. Section 32. The State Board of Education shall 
-explain the true intent and meaning of the school laws and 
of the enacted and published by-laws or rules and regulations 
of the State Board of Education. It shall decide without ex- 
pense to the parties concerned, all controversies and disputes 
involving the proper administration of the public school sys- 
tem. The Commissioner of Education shall have authority 

13 



to administer oaths and to examine under oath, in any part of 
the State, witnesses in any matter pertaining to the public 
schools, and to cause the examination to be reduced to writ- 
ing. Any person who, having been sworn or affirmed by him 
to tell the truth, and who wilfully gives false testimony, 
shall be guilty of false swearing and punished as perjury is 
punished. 

2305. Section 33. The State Commissioner of Educa- 
tion shall enforce all the provisions of this Chapter and the 
enacted and published by-laws or rules and regulations of the 
State Board of Education. He is empov/ered and directed to^ 
file charges with the State Board of Education and recom- 
mend for removal any school officer elected by popular vote 
or appointed under the provisions of this Chapter or special 
school law% for immorality, misconduct in office, insubordi- 
nation, incompetency, or wilful neglect of duty. 

2306. Section 34. The State Commissioner of Educa- 
tion shall execute the educational policies of the State Board 
of Education. He shall call and conduct conferences of 
County School Boards, Board of Education of special school 
districts. Boards of School Trustees, County Superintendents^ 
Supervisors, Attendance Officers, Superintendents of Schools 
of Special school districts, Principals and Teachers, on mat- 
ters related to the condition, needs and improvements of the 
Schools. He shall prepare and publish the school laws of the 
State and by-laws or rules and regulations of the State Board 
of Education, and such pamphlets as will stimulate public in- 
terest, promote the work of education, and foster in teachers 
professional insight and efficiency. He shall receive and ex- 
amine all reports required under the rules and regulations 
of the State Board of Education, and in person, or through 
his assistants, shall examine the expenditures, business meth- 
ods, and accounts of County School Board of Educati i^ of 
special school districts and advise them on the same. 

2307. Section 35. The State Commissioner of Educa- 
tion shall prepare, or cause to be prepared, and submit for 
approval and adoption, by the State Board of Education, rules 
and regulations for the hygienic, sanitary, and protective con- 
struction of school buildings. He is empowered and directed 
to recommend for condemnation for school use by the State 
Board of Education all buildings used for school purposes, 
that violate these rules and regulations. 

14 



2308. Section 36. The State Commissioner of Educa- 
tion shall, subject to the rules and regulations of the State 
Board of Education, pass upon all proposals for the purchase 
of play grounds, school grounds or school sites, or buildings, 
and also upon all plans and specifications for the remodeling 
of old school buildings and the construction of new school 
buildings costing three hundred dollars ($300) or more. In 
case the construction is to be done by a County Board itself, 
or by a Board of Education of speciaL school district, it shall 
be illegal for a County Board or Board of Education of a spe- 
cial district to proceed until the plans and specifications shall 
have been approved in writing by the State Commissioner of 
Education ; in case the construction is to be done by contract^ 
the contract shall be invalid without the written approval* of 
the State Commissioner of Education. 

2309. Section 37. The State Commissioner of Educa- 
tion shall prepare, or cause to be prepared, and submit for ap- 
proval and adoption by the State Board of Education, rules 
and regulations for the protection of the health physical wel- 
fare, and physical inspection of the school children of the 
State. 

2310. Section 38. The State Commissioner of Educa- 
tion shall prepare, or cause to be prepared, and submit for 
approval and adoption by the State Board of Education, rules 
and regulations for grading and standardizing all public 
schools of an elementary and high school grade ; also for 
limiting, on the basis of the equipment and number of teach- 
ers employed, the years and grade of instruction that may 
be offered in such schools. He shall also prepare, or cause 
to be prepared, and submit for approval and adoption by the 
State Board of Education, the minimum requirements for 
issuing all certificates, diplomas, and academic, collegiate, 
professional, or university degrees. 

2311. Section 39. The State Commissioner of Edu- 
cation shall prepare, or cause to be prepared, and submit 
for approval and adoption by the State Board of Education, 
minimum courses of study for the dififerent grades and kinds 
of public elementary schools, high schools, and, in co-opera- 
tion with the President of Delaware College and the Dean 
of the Women's College of Delaware, minimum courses of 
study for normal schools, and also college courses for teach- 
ers. 

15 



2312. Section 40. The State Commissioner of Edu- 
cation shall prepare, or cause to be prepared, and submit for 
approval and adoption by the State Board of Education, 
lists of text-books to be used in all public elementary schools 
and all public high schools of the State. 

2313. Section 41. The State ^Commissioner of Edu- 
cation shall prepare, or cause to be prepared, and submit for 
approval and adoption by the State Board of Education, 
rules and regulations governing the certification of teach- 
ers and the holding of teachers' examinations. Subject to 
the rules and regulations of the State Board of Education 
and the provisions of Article 8 of this Chapter, he shall cer- 
cif-icate all teachers in the public schools of the State of an 
elementary and high school grade. 

2314. Section 42. The State Commissioner of Edu- 
cation shall prepare, or cause to be prepared, and submit 
for approval and adoption by the State Board of Education, 
rules and regulation under which teachers now employed 
and prospective teachers may attend summer school and 
receive from the State the whole or a part of the expenses in- 
curred by such summer school attendance. 

2315. Section 43. The State Commissioner of Educa- 
tion shall prepare, or cause to be prepared, and submit for ap- 
proval and adoption by the State Board of Education, rules 
and regulations fixing the date for the opening and the closing 
of the several terms of the school year, the hours of the daily 
school sessions, holidays on which the schools shall be closed, 
the pay of teachers during absence because of sickness or 
quarantine, or when the schools are closed by quarantine, and 
the forms of contract that shall be executed between boards 
of Education and all regular employees. 

2316. Section 44. The State Commissioner of Educa- 
tion shall prepare, or cause to be prepared, and submit for ap- 
proval and adoption by the State Board of Education, rules 
and regulations, in agreement with Section 122 of this Chapter 
setting forth the conditions which must be met and fulfilled 
in order the cities and towns may exercise and continue to 
exercise the privileges of a special school district and operate 
their respective schools according to the provisions of Articles 
5 and 6 of this chapter. The State Commissioner of Educa- 
tion shall annually inspect the management, conduct and work 
of the schools of each special school district, and in case of 

16 



violations of the enacted rules and regulations of the State 
Board of Education and the provisions of Section 1'2 1 of this 
Chapter, he shall recommend to the State Board of Education 
that the given special school district be dropped from the list 
of cities and towns exercising the privileges of a spec.L-.i school 
district and of operating their respective schools according 
to the provisions of Articles 5 and 6 of this Chapter. When 
application is made to the State Board of Education by i City 
or town to be erected into a special school district, the State 
Commissioner of Education shall investigate the manage- 
ment, conduct and work of the schools of the said city or town, 
report his findings, and make recommendations to the State 
Board of Education as to the granting or denial of the petition. 



2317. Section 45.. The State Commissioner of Educa- 
tion shall prepare, or cause to be prepared, and submit for the 
approval and adoption by the State Board of Education, rules 
and regulations, in agreement with the provisions of Article 
12 of this Chapter, setting forth the conditions which must 
be met and fulfilled in order that high schools may receive the 
respective amounts of State aid provided for in Article 12 of 
this Chapter Subject to the enacted rules and regulations of 
the State Board of Education, and the provisions of Article 12 
of this Chapter, the State Commissioner of Education shall 
annually inspect the management, conduct, and work of each 
high school receiving State aid according to the provisions 
of Article 12 of this Chapter. In case of violations of the en- 
acted rules and regulations of the State Board of Education 
and the provisions of Article 12 of this Chapter, the State 
Commissioner of Education shall recommend to the State 
Board of Education that such high schools be dropped from 
the list of high schools receiving State aid according to the 
provisions of Article 12 of this Chapter. When application 
is made to the State Board of Education that a given high 
school be included in the list of high schools receiving State 
aid according to the provisions of Article 12 of this Chapter, 
the State Commissioner of Education shall investigate the 
management, conduct, and work of the given high school, 
report his findings, and make recommendations to the State 
Board of Education as to the granting or denial of the pe- 
tition. 

2318. Section 46. The State Commissioner of Edu- 
cation shall prepare, or cause to be prepared, and submit 

17 



for approval and adoption by the State Board of Education,, 
rules and regulations governing the admission of pupils 
from the schools under the control of County Boards of Educa- 
tion into the schools of special school districts, and the rate 
of tuition to be paid for the instruction of pupils so admitted. 

2319. Section 47. When a County Board of Education 
shall make application for the State aid, as provided for in 
section 19 of this Chapter, the State Commissioner of Edu- 
cation shall examine the proposed plans for the new grounds^ 
buildings, and equipment, report his findings, and make recom- 
mendations to the State Board of Education as to the granting 
or denial of the petition. 

2320. Section 48. The State Commissioner of Edu- 
cation shall prepare, or cause to be prepared, and submit 
for approval and adoption by the State Board of Education^ 
rules and regulation for the taking of a biennial school cen- 
sus of all children in the State between six and eighteen years 
of age, inclusive, also the forms and blanks to be employed 
in taking such census and in compiling the reports thereon. 
This school census shall be taken under the direction of the 
State Commissioner of Education, first in the year of 1920 and 
every two years thereafter. The State Commissioner of 
Education may cause the whole or any part of the school 
census of any county or any special school district to be re- 
taken at any time, if, in his judgement, the whole or any part 
of such census has not been properly or correctly taken. 

2321. Section 49. The State Commissioner of Edu- 
cation shall prepare, or cause to be prepared, and submit 
for approval and adoption by the State Board of Education, 
rules and regulations for the enforcement of school attend- 
ance, as provided for in Article 10 of this Chapter. 

2322. Section 50. The State Commissioner of Edu- 
cation shall prepare, or cause to be prepared, and submit 
for approval and adoption by the State Board of Education, 
a uniform series of forms and blanks for the use of County 
Boards of Education, Boards of Education of special dis- 
tricts. Boards of school Trustees, school officials, and tea- 
chers, and it shall be his duty to see that all financial accounts, 
including school budget, and all educational records are so 
kept and that all reports are made according to these forms 
and blanks. He shall also prepare, or cause to be prepared 
and submit for approval and adoption by the State Board of 

18 



Education, forms and blanks to be used in the annual report 
and in the monthly reports required of persons conducting 
private schools and of private educational associations, cor- 
porations, or institutions. 

2323. Section 51. The State Commissioner of Edu- 
cation shall prepare, or cause to be prepared, and submit 
for approval and adoption by the State Board of Education, 
plans and rules and regulations for the adminstration of the 
provisions of the Smith-Hughes Vocation Education Act. 

2324. Section 52. The State Commissioner of Edu- 
cation shall prepare, or cause to be prepared, and submit 
for approval and adoption by the State Board of Education, 
rules and regulations for the enforcement of the law regulat- 
ing the importation of dependent children, as given in Article 
11 of this Chapter. 

2325. Section 53. The State Commissioner of Educa- 
tion shall propose from time to time to the State Board of Ed- 
ucation, and submit for its approval and authorization, inves- 
tigations into the educational needs of the State, and into 
means of improving educational conditions. 

2326. Secton 54. The State Commissioner of Educa- 
tion shall prepare, or cause to be prepared, the annual report 
of the State Board of Education and shall submit on or be- 
fore the first day of December the same to the Board for 
its approval and adoption; he shall also prepare, or cause to 
be prepared, all other reports which are or may be required 
of this Board. 

2326-1. Section 55. The State Commissioner of Edu- 
cation shall prepare, or cause to be prepared, and submit for 
approval and adoption by the State Board of Education, the 
annual State public school budget. 

2326-2. Section 56. The State Commissioner of Edu- 
cation shall prepare, or cause to be prepared, and submit 
prior to the regular meeting of the General Assembly for 
approval and adoption by the State Board of Education, 
such legislative measures as are, in his opinion, needed to 
further the developement and to improve the free public 
schools of the State. 

2326-3. Section 57. The State Commissioner of Edu- 
cation, actng under the rules and regulations of the State 

19 



Board of Education, shall be responsible for the administra- 
tion of the State Department of Education, and shall have 
general supervision of all the professional and clerical as- 
sistants of the department. He shall nominate for appoint- 
ment by the State Board of Education and fix the salaries 
of, subject to the approval of the Board, all the profesional 
and clerical assistants of the Department and may recom- 
mend their dismissal for immorality, misconduct in office, 
insubordination, incompetency, or wilful neglect of duty. 

2326-4. Section 58. The State Department of Educa- 
tion shall hereafter be provided with at least the following 
clerical and professional assistants : 

1. Two stenographers for the correspondence of the 
State Board of Education and of the State Commissioner of 
Education. 

2. One record clerk in charge of all records and reports. 

3. One professonal assistant having charge of statis- 
tical tabulations and the compilation of reports, and who 
shall perform such other duties as may be assigned him by 
the State Commissioner of Education. 

4. And such other clerical and professional assistants 
as may be authorized by the State Board of Education on 
the recommendation of the State Commissioner of Educa- 
tion, within the limits of the appropriation for the State De- 
partment of Education. 

2326-5. Section 59. The State Commissioner of Edu- 
cation shall perform such other duties as are assigned to 
him elsewhere in this Chapter, or may be assigned to him 
from time to time by the State Board of Education and by 
the General Assembly. 



ARTICLE 3. COUNTY BOARDS OF EDUCATION 

2326-6. Section 60. The general administration and 
supervision of the free public schools and the educational in- 
terests of each county, with the exception of the special school 
districts, hereinafter created and designated, shall be vested 
in a County Board of Education. The County Board of Edu- 
cation shall be composed of three members. They shall be 

20 



elected from the residents of the county, outside of the sev- 
eral special districts in the county, by the male residents, 
qualified as hereinafter provided, and by women who have 
paid a tax at any time during the preceeding twelve months on 
real or personal property, at a special election for terms of 
three years beginning with the first day of July next succeed- 
ing their election, and shall hold office until their respective 
successors qualify. 

Residents of special school districts shall not vote for 
members of the County Board of Education, but may vote 
for the members of the Board of Education of their respective 
special school district. The County school election, herein 
provided for, shall be heard on the third Saturday of June in 
each year, between the hours of two and four o'clock in the 
afternoon, and shall be conducted by members of the Board 
of School Trustees of the several school attendance districts. 
The President of the Board of Trustees of each school at- 
tendance district shall preside at the election, and the other 
two members of the Board shall be the Judges of the election. 
Provided that if, for any reason, one or more of the members 
of the Board of School Trustees of any school attendance dis- 
trict should be unable to serve as election officers, the Board 
of School Trustees of such school attendance district, shall 
designate another person, or persons, to act in such capacity, 
and provided further that should the Board of School Trustees 
of any school attendance district fail, or neglect to act as 
election officers at any such election, or to provide other per- 
sons to act as such election officers, the voters present shall 
designate and appoint election officers to conduct the elec- 
tion in such school attendance district. 

The County School Election shall be by ballot and the 
names of the candidates for the election to the County Board of 
Education shall be entered on the ballot alphabetically, and 
without party designation. Nominations shall be made by 
petition, containing the written names of not less than twenty 
five qualified voters of the respective county, outside of the 
special school districts in the county, and such petition shall 
be filed with the Clerk of the Peace not later than fifteen days 
prior to the time of the school election. The ballots and other 
needed election supplies shall be provided by the Clerk of the 
Peace. 

Women entitled to vote at the County School Election 
shall be permitted to do so on presentation of a tax receipt for 

21 



taxes assessed against them, within the preceding 12 months. 
Any male resident of the said school attendance district who 
would be entitled at the time of the holding of the said school 
election to register and vote in any election district, of which 
said attendance district is a part, at a general election, if such 
general election were to be held at the time of such school 
election, shall be deemed to be a qualified voter at the school 
election in the school atteifdance district where he then re- 
sides. The method of voting at such school election shall 
be that the voter shall indicate the candidate or candidates 
for whom he desires to vote by marking in front or after the 
name or names of such candidate or candidates a cross mark 
iti pencil upon said ballot If any person, not duly qualified to 
vote, shall offer to vote at a County School Election, or shall 
offer to vote in more than one school attendance district in 
such election, he shall be guilty of a misdemeanor, and shall 
be punished by fine or imprisonment, or both, in the discretion 
of the Court. The election officers in each school attendance 
district shall ascertain the result of the election in their re- 
spective school attendance districts, and shall certify in dupli- 
cate the result of said election under their hands and the pre- 
siding officer at such election shall immediately forward one 
of said certificates to the State Board of Education at Dover, 
and shall retain in his custody the other of said certificates, to 
gether wath the ballots cast at said election until after the can- 
vass of the vote by the State Board of Education. 

On Thursday succeeding such election, the State Board of 
Education shall meet at Dover, as a Board of Canvass, and 
shall publicly ascertain and announce the result of the elec- 
tion in the respective counties of the State. If the presid- 
ing officer of the election in any school attendance district 
shall neglect to forward the certificate of the result of said 
election, as heretofore specified, he shall be guilty of a mis- 
demeanor, and upon conviction thereof shall be fined or im- 
prisoned, or both, in the discretion of the Court. When this 
Act goes into effect the terms of office of the persons who are 
at that time members of the County School Commissions shall 
automatically expire, but such members of the Commission 
shall be qualified for appointment and election under the pro- 
visions of this Section, except in such cases as they are dis 
qualified by the provisions of this Section. When this Act 
goes into effect, the Governor shall as soon as possible there- 
after appoint from the qualified voters of the county, .nt 
side of the special school districts, three members to the 

22 



County Board of Education, who shall take office immedi 
ately and serve until the first day of July, 1920, and until 
their successors qualify. At the school election of 1920, three 
members shall be elected to the County Board of Education: 
one to serve for one year, or until the first day of July, 1921 ; 
one to serve for two years, or until the first day of July. 1922, 
and one to serve for three years, or until the first day of July, 
1923, and until their respective successors qualify. Provided 
that in the first election, under the provisions of this Sec- 
tion, the candidate receiving the highest number of votes 
shall be declared elected for three years ; the candidate re- 
ceiving the next highest number of votes shall be declared 
elected for tAvo years and the candidate receiving the next 
highest number of votes shall be declared elected for one 
year. Thereafter one member shall be elected each year for 
the full term of three years. The members of the County 
Board of Education shall be chosen solely because of their 
character and fitness ; but no person shall be appointed or 
elected to this Board under the provisions of this Section 
who is in any way subject to the authority of this Board 
V^acancies in this Board for any cause shall be filled by the 
State Board of Education, such appointees serving until the 
next school electiori succeeding such appointment or ap- 
pointments, the vacancy or vacncies shall be filled for th^ 
remainder of the respective unexpired term or terms. Any 
member of the County Board of Education shall be eligible 
for re-election, unless otherwise disqualified by the provi- 
sions of this Section. 

2326-7. Section 61. The offices of the County Board oi 
Education shall be at the County seat of the respective 
county. These offices shall be provided and furnished by the 
Levy Court of the respective counties, but the County Board 
of Education may provide its own office. The County Board 
of Education shall hold its annual meeting each year at its 
office on the first day of July. At this meeting the Board 
shall each year elect one of its members to serve as Presi- 
dent and one to serve as Vice-President. Other regular 
meetings shall be held on the second Friday o fSeptember, 
December, and March, and such special meetings may be 
held and at such places as the duties of the business of the 
Board may require. The rules generally adopted by delib- 
erative bodies for their government shall be observed by the 
County Boards of Education. No motion or resolution shall 
be declared adopted without the concurrence of a majorit)- 
of the whole Board. 

23 



2326-8. Section 62. The members of the County Board 
of Education shall receive as compensation ten (10) dollars 
per day for each day's attendance at the meetings of said 
Board, provided that they shall not receive pay for more than 
one day's attendance in each calendar month, and shall also 
receive necessary traveling expenses incidental to attending 
the meetings and transacting the business of the board with- 
in the County. 

2326-9. Section 63. The County Board of Education 
shall appoint, subject to the provisions of Section 89 of this 
Chapter, as its executive officer a County Superintendent of 
Schools, who shall also be the Secretary of the County 
Board of Education. As Secretary he shall conduct all cor- 
respondence of the Board, keep and preserve all of its rec- 
ords, receive all reports required by the Board, and see that 
such reports are in proper form, complete and accurate. He 
shall attend all meetings of the Board and of its committees, 
except when his own tenure, his salary, or the administra- 
tion of his ofhce are under discussion, and shall have the 
right to advise on any question under consideration but shall 
have no vote. In case the office of the County Superintend- 
ent of Schools is temporarily vacant, or when the County 
Superintendent is absent by reason of the nature of busi- 
ness in hand, or otherwise, the Board shall appoint one of 
its members to act for the time being as Secretary. 

2326-10 Section 64. The County Treasurer shall be 
the Treasurer of the County Board of Education. He shall 
receive and hold all moneys which the County Board of Edu- 
catian is entitled by law and which may come into its pos- 
session, and shall deposit all such money in the financial 
institution which is the legal depository of State moneys in 
the custody of the State Treasurer, He shall pay out all 
such moneys on the written order of the President of the 
County Board of Education and of its Secretary, and shall 
keep such records and accounts of its funds as shall be re- 
quired by the State Board of Education. 

2326-11. Section 65. The County Board of Education 
is hereby vested with all the powers necessary or proper foe 
the control and management of the free public schools under 
their jurisdiction, subject to the limitations and restrictions 
prescribed in this Act. 

2326-12. Section 66. All the property, estate, effects, 
money, funds, claims, and State Donations heretofore vested 

24 



by law in the public school authorities of any county, for 
the benefit of the free public schools of said county, are 
hereby placed under and subject to the control and manage- 
ment of the County Board of Education of Such County. 
Real and personal estate granted, conveyed, devised, or be- 
queathed for the use of any county shall be held in trust by the 
County Board of Education for the benefit of the schools of 
such county, and such grants, bequests, and money invested in 
trust shall be exempt from all State, country and local taxes. 

2326-13. Section 67. With the enactment of this Act 
and immediately after the expiration of the present school 
year, June 30, 1919, all the governing and administrative 
school boards and committees of every school district in this 
State including all school districts created, united or con- 
solidated by special Act prior to the approval of this Act 
which have accepted the provisions of this Act as herein- 
after set forth in this Section (Except the Boards of Educa- 
tion of such special school districts as are hereinafter pro- 
vided for and designated) are abolished and the jurisdiction 
of the free public schools in such districts, shall pass to the 
County Board of Education, as authorized, constituted and 
empowered by this Chapter, and become integral parts of the 
county school system. As soon after June 30, 1919, as the 
Auditor of Accounts shall have audited the records and ac- 
counts of the several District School Committees and 
Boards of Education hereby abolished, all school property 
held by such District School Committees and Boards of Edu- 
cation and all their assets shall be under the administra- 
tion, management and control of the County Board of Edu- 
cation, subject to all legal liabilities. Real and personal 
estates granted, conveyed, devised, or bequeathed for the use 
of any particular school district shall be held in trust by the 
County Board of Education for the benefit of the schools of 
such district, and such grants and bequests or money in 
vested in trust shall be exempt from State, County, and local 
taxes. 

The Board of Education or School Committee of every 
District in this State which was created, united or consoli- 
dated by special Act prior to the approval of this Act is 
hereby authorized and empowered in the name of and for 
such District to accept the provisions of this Act by a resolu- 
tion of a majority of the members of such Board or Com- 
mittee adopted prior to the thirtieth day of June, 1919, and 
a written copy of such resolution certified by the Clerk or 

25 



Secretary of the said Board or Committee filed with the 
Secretary of the State Board of Education together with a 
■dupHcate copy filed with the Trustee of the School Fund 
on or before the said thirtieth day of June, 1919, shall be 
deemed and taken to be conclusive evidence of the accept- 
ance by the said District of the provisions of this Act; pro- 
vided that the State Board of Education may, for good cause, 
shown, extend the time for the adoption of such resolution 
and for the filing of such copies in the discretion of the said 
State Board. 



2326-14. Section 68. The County Board of Education 
is authorized, empowered, directed, and required to maintain 
a uniform, equal and effective system of free public schools 
throughout the county, and shall cause the provisions of this 
Chapter, the by-laws or rules and regulations and the poli- 
cies of the State Board of Education to be carried in to ef- 
fect. The Schools provided shall be of two kinds, those for 
white children and those for colored children. The schools 
for white children shall be free to all white children between 
the ages of six and twenty-one years, inclusive, and the 
schools for colored children shall be free to all colored chil- 
dren between the ages of six and twenty-one years, inclu- 
sive. The school for white children shall be numbered No. 
1, No. 2, etc., and the schools for colored children shall be 
similarly numbered No. 1, No. 2, etc. The free public schools 
of the County shall include elementary schools, that is, 
grades 1 to 8, inclusive, and high schools, that is, grades 9 
to 12, inclusive, provided, if it seem undesirable for any rea- 
son to maintain a standard four year high school in any 
school attendance district, the County Board of Education 
in lieu thereof shall pay, if need be, the tuition of the chil- 
dren of such school attendance district in the nearest stand- 
ard four year high school by direct traveled highway. A 
County Board of Education may establish kindergartens and 
playgrounds, and it may establish on the recommendation 
of the County Superintendent of Schools and, subject to the 
approval of the State Commissioner of Education, such other 
types of schools as in its judgment will promote the educa- 
tional interests of the County. The school year in all regu- 
lar day elementary schools and all regular day high schools 
of the County outside of the special schools districts shall 
be not less than one hundred and eighty (180) days, begin- 
ning on the first Tuesday after the first Monday in Septem- 
ber. 

26 



2326-15. Section 69. The County Board of Education 
shall exercise, through its executive officer, the County Su- 
perintendent of Schools, and his profesional assistants, con- 
trol and supervsion over the public school system of the 
County. The Board shall consult and advise, through its ex- 
ecutive officer and his professional assistants, with the 
Board of School Trustees, principals, teachers, and inter- 
ested citizens, and shall seek in every way to promote the 
interests of the schools under its jurisdiction. 

2326-16. Section TO. The County Board of Education 
shall determine, on the recommendation of the County Super- 
intendent of Schools and subject to the provisions of this 
Chapter and to the rules and regulations and the policies of 
the State Board of Education, the educational policies of the 
County and shall prescribe rules and regulations for the con- 
duct and management of the schools. 

2326-17. Section 71. The County Board of Education 
shall, on the recommendation of the County Superintend- 
ent of Schools, divide the county into appropriate and con- 
venient school attendance districts, shall keep full and com- 
plete records of the boundaries thereof, and shall locate 
and maintain schools, as needed, in each school attendance 
district. Provided that when there is no public elementary 
school within two (2) miles, by direct traveled highway, of 
the home of a child w^ho has not completed the sixth grade 
of the elementary school, the County Board of Education 
shall arrange, through the County Superintendent of Schools, 
when posible without charge to the County, and may (pay) 
when necessary, for the transportation of such child to and 
from the nearest public school. 

2326-18. Section 72. The County Board of Education 
is authorized, empowered, directed, and required to provide 
ample appropriate and suitable grounds, buildings and 
equipment for all the needed schools of the County, con- 
forming to the rules and regulations of the State Board of 
Education for the hygienic, sanitary, and protective con- 
struction of school buildings. The County Board of Educa- 
tion is authorized and empowered, on the recommendation of 
the County Superintendent of Schools and the approval of 
the State Commissioner ^of Education to purchase play- 
grounds, school grounds or school sites, and buildings, and to 
sell the same when no longer needed for educatonal purposes; 

27 



to rent, repair, improve, and construct school buildings, or 
approve contracts for so doing, when the plans conform to 
the rules and regulations of the State Board of Education 
and are approved by the State Commissioner of Education. 
The County Board of Education shall employ an architect 
or architects, on the recommendation of the County Superin- 
tendent of Schools, to assist in the preparation of plans and 
specifications for remodeling old buildings and for construct- 
ing new buildings, but the architect or architects employed 
shall be approved by the State Board of Education. 

The County Board of Education may receive donations 
of playgrounds, school grounds and school sites, or of houses 
already built suitably located and adopted to school pur- 
poses, but in no case shall any site be built upon, or any house 
occupied, until a good and sufficient title has been obtained 
for the same in the corporate name of the Board. 

When lands shall be required for the site of a school 
house, or for enlargng a schoolhouse lot, or for play grounds 
or other school purposes, and the County Board of Educa- 
tion shall for any cause be unable to contract with the own- 
er or owners thereof upon what they deem to be a fair valu- 
ation thereof, the County Board of Education may institute 
condemnation proceedings; but no lot so taken or enlarged 
shall exceed, in the whole, ten (10) acres, including the land 
occupied by the school building. 

Whenever it shall be necessary to institute condemna- 
tion proceedings to acquire any land for school purposes 
as provided in this section, the County Board of Edu- 
cation may apply to the Associate Judge of the State of Del- 
aware, resident in the county where any such land is lo- 
cated, for the condemnation thereof, and the said Resident 
Judge shall thereupon appoint five judicious and impartial 
freeholders residing in the special districts of the said county, 
or in one, or more of said special districts, to view the prem- 
ises and assess the damages which the owner, or owners, 
will sustain by reason of the taking of the said lands for the 
purposes aforesaid. The freeholders shall be sworn or af- 
firmed faithfully and impartially to perform the duties as- 
signed them. They shall give ten days' notice, in writing, to 
the owner, or owners of the premises proposed to be con- 
demned, if within the State, and to the said County Board of 
the time of their meeting to view the premises and assess 
damages. If the owner, or owners, reside outside of the 

28 



State ,or if under any legal disability, and have no legal rep- 
resentative in the State, publication of such notice shall be 
made in some newspaper in the county in which proceed 
ings were instituted, at least ten days prior to the date fixed 
for said meeting, and such publication shall be sufficient no 
tice thereof. The said freeholders shall ascertain and as- 
sess the damages to the owner or owners, taking into con- 
sideration all circumstances of convenience or injury, but 
shall allow, at least, the cash value of the land taken, and 
shall certify their award to the owner or owners, and, also, 
to the County Board, and shall return a record of their pro- 
ceedings, with their finding and award to the Prothonotary 
of the County in which the proceedings are instituted. If 
the said freeholders should be guilty of misconduct in their 
procceedings, or if they should make a grossly improper 
award, the said Judge shall, on application, set aside their 
award, and shall appoint other freeholders in their place, 
who shall proceed anew in the manner hereinbefore pro- 
vided, and in like manner may set aside their finding or 
award, or the finding or award of freeholders subsequently ap 
pointed for the purpose aforesaid, until a fair and equitable 
award has been made or accepted. The said Judge may substi- 
tute other freeholders in the place of any freeholder who for 
any reason, may be unable to serve. When the amount of dam- 
ages has been ascertained the said County Board of Educa- 
tion may pay, or tender the amount thereof, within two 
months, to the person or persons entitled thereto, or if, for 
any reason, payment can not be made to the owner or own- 
ers, the amount of the said damage may be deposited to the 
credit of the persons entitled thereto in the Farmers Bank 
of the State of Delaware, at the County seat of the County 
in which said proceedings are instituted, and thereupon 
the said lands may be taken and occupied for the use and 
purpose for which said lands were condemmed. The said 
freeholders shall be allowed Three Dollars ($3.00) per day 
for their services, which sum, together with other expenses 
of the condemnation proceedings, shall be paid by the County 
Board of Education of the respective county. 

If for any reason the current income of a County Board 
of Education is inadequate to provide ample, appropriate 
and suitable grounds, buildings, and equipment for all the 
needed schools of the county, the County Board of Education 
is authorized, and empowered, on the recommendation of the 
County Superintendent of Schools, to issue bonds on the 
credit of the county, exclusive of the special school districts 

29 



herein provided for and designated or hereafter to be created, 
in amounts sufficient to provide ample, appropriate, and suit- 
able grounds, buildings, and equipment for all the needed 
schools of the county. Provided that the County Board of 
Education shall not be authorized to issue bonds for the pur- 
pose of this section in a greater amount in the aggregate than 
five per cent, (5%) of the assessed value of the real estate of 
the County outside of the special districts. Provided further 
that the funds derived from such bonds issues shall be used 
only to provide or purchase new grounds, nev^ buildings, and 
new permanent equipment. Such bonds shall not be issued 
or sold at less than their face value, and shall be issued in 
series, with no bond of any given series running more than 
twenty-five (25) years. The bonds provided in this sec- 
tion shall be in such denomination or denominations, in such 
form, and shall bear such rate of interest, not exceeding six 
per cent per annum, as shall be determined by the County 
Board of Education of the respective county. The said bonds 
shall be signed by the President and other members of the 
said County Board of Education, The County Board of Edu- 
cation is authorized to adopt a seal to be used in the execu- 
tion of said bonds. The faith and credit of the school dis- 
tricts under the jurisdiction of the said County Board of Edu- 
cation shall be deemed to be pledged by every such bond. The 
said bonds shall be denominated as of the county in which 
they are issued, shall be of the series of the year in which they 
are issued, and the principle and interest shall be made pay- 
able at the branch of the Farmers Bank in the county in which 
said bonds are issued, and the said bonds shall be exempted 
from all State, County or Municipal taxes. Provided further 
the County Board of Education shall in its current school 
budget, hereinafter provided for, under the item, "Debt Serv 
ice," make provisions for the payment of the current interest 
on each and every series of bonds issued, and also for th? 
payment or liquidation, each year of not less than one-twenty- 
fifth (1-25) of each and every series of bonds issued. 

2326-19. Section 73. Schools on or near the division 
line of two counties shall be free to the children of each 
county; and the County Boards of Education of the respec- 
tive counties shall have power to provide jointly for the 
maintenance of said schools. 

2326-20. Section 74. The County Board of Education 
shall prescribe, on the recommendation of the Count v Super- 
intendent of Schools and subject to the provisions of this 

30 



Chapter and the policies and rules and regulations of the State- 
Board of Education, the conditions on which pupils in elemen- 
tary schools, limited to the first six grades of elementary in- 
struction, shall be admitted to elementary schools giving the 
two higher grades of elementary instruction. Where the dis- 
tance from the homes of the respective children concerned to 
such complete elementary schools is in excess of three (3) 
miles by direct traveled highway, the County Board of Edu- 
cation shall arrange through the County Superintendant. 
when possible without charge to the County, and may pav 
when necessary, for the transportation of such children to and 
from such elementary schools. 

2326-21. Section 75. The County Board of Education 
shall prescribe, on the recommendation of the County Super- 
intendent of Schools, and subject to the provisions of this 
Chapter and the policies and rules and regulations of the State 
Board of Education, the conditions on which the children may 
be admitted to the high schools of the county and also the 
conditions on which children may be admitted to the high 
schools of special school districts and have their tuition in 
such high schools paid by the County Board of Education. 
When such high schools, whether under the jurisdiction of the 
County Board of Education or in special school districts are 
in excess three (3) miles by direct traveled highway from 
the home of the respective children concerned, the County 
Board of Education shall arrange, through the County Su- 
perintendent of schools, when possible without charge to the 
county, and may pay when necessary, for the transportation 
of such children to and from such high schools. 

2326-22. Section T6. The County Board of Educatior 
shall, on the recommendation of the County Superintendeni 
of schools and when in the Board's judgment, it is practic- 
able, consolidate schools. When the distance from the home-, 
of the respective children concerned to such consolidated 
school is in excess of two (2) miles by direct traveled higdi- 
way, the County Board of Education shall arrange, through 
the County Superintendent of Schools, when possible without 
charge to the county, and may pay when necessary, for the 
transportation of such children to and from such consolidate<! 
schools. Provided that the County Board of Education shall 
not be/ responsible for the transportation of children to and 
from such consolidated schools who have completed the sixtli 
grade of the elementary school, unless the consolidated school 

. 31 



is in excess of three (3) miles by direct traveled highway from 
the homes of the respective children concerned. 

2326-23. Section 77. The County Board of Education 
shall not maintain any single one room school, without the 
written approval of the State Commissioner of Education, 
which during the three (3) preceding school years has had an 
average daily attendance of less than twelve (12) pupils. But 
when such a school is closed, the County Board of Education 
shall arrange, through the County Superintendent of Schools, 
when possible without charge to the county, and shall pay 
when necessary, for the transportation of the children con- 
cerned to and from the nearest school maintained by the 
Board. Provided that the County Board of Education shall 
not be responsible for the transportation of such children un- 
less the distance from the homes of the respective children 
concerned to the nearest school maintained by the Board, is 
by direct traveled highway, in excess of two (2) miles and 
shall not be responsible for the transportation of such children 
in grades above the sixth, unless the distance is in excess of 
three (3) miles. 

2326-24. Section 78. The County Board of Education 
subject to the provisions of this Chapter, the policies and rules 
and regulations of the State Board of Education shall on the 
written recommendation of the County Superintendent of 
Schools, grade and standardize all the schools under its juris- 
diction; 

2326-25. Section 79. The County Board of Education, sub- 
ject to the provisions of this Chapter, the rules and regulations, 
prescribed courses of study, and the policies of the State Board 
cf Education, shall prescribe on the written recommendation 
of the County Superintendent of Schools, courses of studv 
for the schools under its jurisdiction, and a printed copy of 
these courses of study shall be supplied to every teacher and 
to every interested citizen of the County. 

2326-26. Section 80. The County Board of Education 
shall, on the wi-itten recommendation of the County Superin- 
tendent of Schools, appoint all principals, teachers, and all 
other regular employees, and fix their salaries, subject to the 
provisions of article 9 of this Chapter. The County Board of 
Education may suspend or dismiss any principal or teacher or 
other regular employees so appointed, on the writtem recom- 



mtndation of the County Superintendent of Schools, for im- 
morality, misconduct in offiice, incompetency, or wilful neglect 
of duty. Provided that in case of a principal or teacher or 
supervisor or attendance officer the charges be stated in writ- 
ing, and that the principal or teacher or supervisor ^r attend- 
ance officer be given an opportunity to be heard by the Board 
upon not less than ten days' notice; provided, further that in 
all cases when the Board is not unanimous in its decisions to 
suspend or dismiss, the right of appeal shall lie to the State 
Board of Education. The contract of every principal, teacher, 
supervisor, attendance officer, and other regular employees 
shall be for the school year, beginning July 1st and ending 
June 30th, except when they are employed after the beginning 
of the school year, when contracts shall be for the remainder 
of the school year. 

2326-27. Section 81. The County Board of Education 
shall select and adopt, on the written recommendation of the 
County Superintendent of Schools, from the textbook list pre- 
scribe by the State Board of Education, purchase and dis- 
tribute free of charge to all day elementary, and all day high 
school pupils, such textbooks as are necessary to carry out 
the adopted courses of study, provided that textbooks so se- 
lected and adopted shall not be changed more often than 
once in three (3) years. The County Board of Education 
shall also select and purchase, on the written recommendation 
of the County Superintendent of Schools, such supplementary 
readers, maps, globes and charts, materials of instruction, sta- 
tionery and school supplies, school furniture, educational 
equipment, apparatus, and supplies as are necessary to the 
work of the schools, and no charge shall be made either day 
elementary or day high school pupils for the use of such sup- 
plies or equipment. 

2326-28. Section 82. The County Board of Education, 
subject to the provisions of this Chapter and the rules and 
regulations of the State Board of Education, shall prescribe 
on the recommendation of the County Superintendent of 
Schools, forms and blanks on which Boards of Trustees, su- 
pervisors, attendance officers, principals, teachers, janitors, 
and other regular employees shall make such reports as rnd.y 
be required from them, on the recommendation of the County 
Superintendent, by the County Board of Education. 

2326-29. Section 83. The County Board of Education 
is authorized, empowered, directed, and required to provide 

33 



ample funds for the maintenance and operation of uniform 
equal, and efficient schools throughtout the county. Each year, 
beginning with 1920, prior to the usual date on which the 
Levy Courts of the respective counties levy other county 
taxes, the County Board of Education shall prepare, subject 
to the rules and regulations of the State Board of Education 
and on the recommendation of the County Superintendent of 
Schools, an itemized and detailed annual school budget This 
annual school budget shall show the amount needed during 
the suceeding school year for (1) debt service, as provided 
for in Section 72 of this Chapter; (2) permanent improve 
ments and repairs; and (3) current maintenance and opera- 
ion, including the transportation of school children. The an- 
nual (school) budget shall also show the estimated amount that 
will be received from the State for (1) aiding elementary 
school which amount shall be used for paying elementary 
teachers' salaries and the purchasing free text-books, mate- 
rials of instruction and school supplies; (2) aiding high 
schools, which amount shall be used for paying high school 
teachers' salaries and purchasing free text-bopks, materials 
of instruction, and school supplies ; (3) the estimated amount 
of high school aid that will be received by reason of the pro- 
visions of the Smith-Hughes Vocational Education Act; (4 
the estimated amount that will be received in payment of the 
salary of the County Superintendent of Schools, supervi- 
sors, and attendance officers ; (5) the estimated income of the 
Board other than from County taxation; and (6) the esti- 
mated amount that will need to be raised by county taxation- 
Taxes for county school purposes shall be of two kinds: (1 
a capitation tax, the 'amount of which shall be fixed annually 
by the County Board of Education and state in its annual 
school budget, but which shall not be less than three dollars 
($3) nor more than six dollars ($6) annually, and shall be 
levied on the person of all male residents of the school dis- 
tricts of the county under the jurisdiction of the County 
Board of Education, twenty-one years of age or over; (2) 
a property tax to be levied on the assessed value, as deter- 
mined and fixed for other county taxation purposes, of the 
personal and real property in and of the school districts under 
the jurisdiction of the County Board of Education, provided 
for or that may hereafter be created, provided that said tax 
so levied shall not exceed one and a one-half per cent, of the 
assessed value of the property in the county other than m 
the special districts subject to taxation as aforsaid. This an- 
nual school budget shall be submitted, in writting, not less 
ihan ten (10) days before the usual date for levying other 

34 



county taxes, to the Levy Court of the respective county ; ai 
the same time a written copy of this annual school budget 
shall be submitted to the State Commissioner of Education, 
The Levy Court of the respective county is authorized, em- 
powered, directed, and required to levy and collect, at the 
tim.e of collection and through the collector or collectors of 
other county taxes, the capitation tax as fixed and specified 
in the annual school budget of the County Board of Educa- 
tion, and to levy and collect such tax, at the time of collec- 
tion and through the collector or collectors of the other county 
taxes, on the assessed value, as determined and fixed for 
other county taxation purposes, of all personal and real prop- 
erty of the county subject to the county school tax aforesaid, 
as shall produce the remainder and the total amounts requir- 
ed by the County Board of Education to be raised by county 
taxation. All the powers and remedies, now or hereafter 
vested by law in the collector or collectors of taxes for County 
purposes is hereby vested in the said collector or collectors in 
the collection of the County school tax, levied under the pro- 
visions of this Section. The County school tax so levied and 
collected, after deducting the fees for the collection, if any, 
shall be turned over by the collector or collectors immediate- 
ly on collection to the Treasurer of the County Board of Edu- 
cation. On the tax bill presented to the taxpayers of the 
county, the county school tax shall appear as a separate item, 
entitled "County School Tax," and shall show as sub items 
and separately the amount of capitation tax and the amount of 
personal and real property tax. Provided that for the school 
year 1919-20, the County Board of Education shall prepare 
the annual school budget for the school year 1919-20 and pre- 
sent it as soon as possible after July 1, 1919, to the Levy Court 
of the respective County, and that the amount required to be 
raised b}^ county taxation shall be levied and collected, as 
provided for, beginning with 1920, in this Section, by the Levy 
Court at the time local school taxes are now levied and col- 
lected under the existing laws. All taxes received by the 
County Board of Education shall be expended by them in ac- 
cordance with the items of its annual school budget. 

2326-30. Section 84. If for any reason the current funds 
on hand are not sufficient to meet the current expenses of the 
Board, the County Board of Education, on the recommenda- 
tion of the County Superintendent of Schools, may borrow 
money on the credit of the county to meet such current ex- 
penses, provided that all such current loans shall be paid with- 
in the school year, in which such current loans are made and 



shall be paid from the funds derived from the taxes levied and 
collected for the current support of the schools within the 
given school year, and provided further that the amount so 
borrowed shall at no time exceed ten per cent (10%) of the 
sum estimated for current expenses as shown by the school 
budget for that year. 

2326-31. Section 85. The Auditor of Accounts shall each 
year as soon as possible after July 1st audit the business and 
financial transaction of the County Board of Education and 
the records and accounts of its Treasurer, and the County 
Board of Education shall publish the results of this audit. 

2326-32. Section 86. The County Board of Education 
shall make all the reports required by the State Board of Ed- 
ucation at such times, upon such items, and in such form and 
on such blanks as may be prescribed by the State Board of 
Education. 

2326-33. Section 87. The County Board of Education 
shall cause to be prepared and published annually, in the 
month of November, in sufficient quantities for distribution 
among the citizens of the county, an annual report address- 
ed to the people of the county, covering the condition, cur- 
rent accomplishments, and needs for the improvement of the 
schools, also a statement of the business and financial trans- 
actions of the Board. 

2326-34. Section 88. The County Board of Education 
shall perform such other duties as are assigned to it elsewhere 
in this Chapter or may be assigned to it from time to time 
by the General Assembly. 



ARTICLE 4. COUNTY SUPERINTENDENTS OF 
SCHOOLS. 

2326-35. Section 89. The County Board of Education of 
each county shall appoint a County Superintendent of Schools 
for a term of two years, and he shall hold office until his suc- 
cessor qualifies. No person shall be eligible for appointment 
to the office of County Superintendent of Schools who does 
not hold from the State Commissioner of Education a cer- 
tificate of administration and supervision, as provided for in 
Article 8 of this Chapter, nor shall the appointment of any 

36 



person by the County Board of Education to the position 
of County Superintendent of Schools be vaHd without the 
written approval of the State Board of Education. Provided 
that County Superintendents of Schools holding office at the 
time when this Act shall take effect shall continue to serve 
to the end of the term for which they were last appointed, 
and until their successors qualify, unless removed, as herein- 
after provided, and shall also be eligible for reappointment; 
and provided, further that all County Superintendents of 
Schools shall be paid, beginning with the school year 1919-20, 
on the basis of the salaries hereinafter specified. The salary of 
a County Superintendent of Schools shall not be diminished 
during his term of office. The County Superintendent of 
Schools shall devote his entire time to public school business 
and shall receive such compensation as the County Board of 
Education shall direct, provided that no County Superintend- 
ents of schools appointed to office under the provisions of this 
Section, or continuing in office under the provisions of this 
Section, shall be paid an annual salary of less than twenty- 
seven hundred dollars ($2700) and the State of Delaware 
shall, as hereinafter provided pay the annual salary of the 
County Superintendent of Schools, up to and including an 
annual salary of twenty-seven hundred dollars ($2700). County 
Board of Education may, in their discretion, pay to a County 
Superintendent an annual salary in excess of twenty-seven 
hundred dollars ($2700), but the State shall not share in the 
payment of such excess. The State Board of Education may 
remove any County Superintendent of Schools appointed un- 
der the provisions of this Section, or continuing in office un- 
der the provisions of this Section, for immorality, misconduct 
in office, for incompetency, or wilful neglect of duty, upon 
making known to him, in writing the charges against him, 
and upon giving to him an opportunity of being heard, in per- 
son or by counsel, in his own defense, upon not less than ten 
days' notice. In case of vacancy due to any cause, the County 
Board of Education shall fill the vacancy and the appoint- 
ment shall be for a full term of four years, and until a suc- 
cesor shall qualify. 

2326-36. Section 90. The County Superintendent of 
Schools as the executive officer of the County Board of Ed- 
ucation, shall see that the laws relating to the schools, the 
enacted and published rules and regulations and the policies of 
the State Board of Education, and the rules and regulations 
and the policies of the County Board of Education are carried 
into effect. 

37 



2326-37. Section 91. The County Superintendent of 
Scliools shall explain the true intent and meaning of the school 
laws, and of the rules and regulations of the State Board of 
Education, subject to the approval in writing of the State 
Board of Education ; he shall decide, without expense to the 
parties concerned, all controversies and disputes involving the 
rules and regulations of the County Board of Education and 
the proper administration of the public school system of the 
county, and his decision shall be final, except that an appeal 
may be had to the State Board of Education if taken in writing 
within thirty (30) days. The County Superintendent of 
schools shall have authority to administer oaths and to exam- 
ine under oath, in any part of the county, witnesses in any mat- 
ter pertaining to the public schools of the county, and to cause 
the examination to be reduced to writing. Any person who, 
having been sworn or affirmed by him to tell the truth, and 
who wilfully gives false testimony, shall be guilty of false 
swearing and shall be punished as perjury is punished. 

2326-38. Section 92. The County Superintendent of 
Schools, subject to the provisions of this Chapter, the policies 
and rules and regulations of the State Board of Education, 
shall recommend for approval and adoption by the County 
Board of Education, the kind, grade, and location of schools to 
be established and maintained and the school attendance 
districts to be established. 

2326-39. Section 93. The County Superintendent of 
Schools, subject to the provisions of this Chapter and the pol- 
icies and rules and regulations of the State Board of Educa- 
tion, shall recommend for approval and adoption by the 
County Board of Education educational policies adapted to 
promote the educational interests of the county, and rules and 
regulations for the conduct of the schools. 

2326-40. Section 94. The County Superintendent of 
Schools, as the executive officer of the County Board of Ed- 
ucation, shall call and conduct conferences with Board of 
School Trustees, supervisors, attendance officers, principals, 
and teachers, and shall in every way seek to foster in teachers 
professional insight and efficiency and develop public interest 
in education. 

2326-41. Section 95. The County Superintendents of 
schools, subject to the provisions of this Chapter, the policies 

38 



and rules and regulations of the State Board of Education, 
shall develop a building program adequate to meet the needs 
of the schools of the county, and shall submit the same for 
approval and adoption by the County Board of Education. The 
County Superintendent of Schools shall recommend to the 
County Board of Education for condemnation school buildings 
which are insanitary and unfit for use ; he shall recommend in 
writing all repairs, the purchase of playgrounds, school 
grounds or school sites, and buildings or the sale of same, and 
shall. prepare or cause to be prepared all plans and specifica- 
tions for the remodeling of old buildings, and the construction 
of new buildings, subject to the provisions of Section 36 of 
this Chapter; and he shall recommend, in his discretion, the 
County Board of Education, an architect or architects to assist 
in the preparation of the plans and specifications for remodel- 
ing old buildings or the construction of new buildings, and 
shall supervise such remodeling and construction. He shall 
approve in writing all contracts of whatever kind entered 
into by the County Board of Education, and no contract 
entered into by the County Board of Education, shall be valid 
without the written approval of the County Superintendent 
of Schools. 

2326-42. Section 96. The County Superintendent of 
Schools, subject to the provisions of this Chapter, the policies 
and rules and regulations of the State Board of Education, 
shall prepare and submit for approval and adoption by the 
County Board of Education rules and regulations governing 
the conditions on which pupils in schools limited to the first 
six grades of elementary instruction shall be admitted to ele- 
mentary schools giving the tw^o higher grades of elementary 
instruction. 

2326-43. Section 97. The County Superintendent of 
Schools, subject to the provisions of this Chapter, the poli- 
cies and rules and regulations of the State Board of Educa- 
tion, shall prepare and submit for approval and adoption by 
the County Board of Education rules and regulations govern- 
ing the conditions on which children may be admitted to the 
high schools of the county, also into the high schools of spe- 
cial school districts and have their tuition in such high schools 
paid by the County Board of Education. 

2326-44. Section 98. The County Superintendent of 
Schools subject to the provisions of this Chapter, the policies 

39 



and rules and regulations of the State Board of Education; 
shall work out plans for the consolidation of schools and for 
the grounds, buildings, and equipment of such consolidated 
schools, and submit the same for approval and adoption by the 
schools, and submit the same for approval and adoption by 
the County Board of Education. 

2326-45,. Section 99. The County Superintendent of 
Schools, subject to the provisions of this Chapter, the policies 
and rules and regulations of the State Board of Education, 
shall report annually and recommend to be closed by the 
County Board of Education all single one room schools which 
during three (3) preceding years have not had an average 
daily attendance of twelve (12) pupils. 

2326-46. Section 100. The County Superintendent of 
Schools, subject to the provisions of this Chapter, the policies 
and rules and regulations of the State Board of Education, 
shall prepare rules and regulations for grading and standard- 
izing all the public schools of the county, and shall submit the 
same in writing for approval and adoption by the County 
Board of Education. He shall grade and standardize all the 
public schools of the county and shall recommend the same 
for approval by the County Board of Education. 

2326-47. Section 101. The County Superintendent of 
schools subject to the provisions of this Chapter the pre- 
scribed course of study, and the policies and rules and regu- 
tions of the State Board of Education and of the County 
Board of Education, shall prescribe courses of study for the 
schools of the county, and submit the same for approval and 
adoption by the County Board of Education. Printed copies 
of these courses of study shall be suppHed to every teacher 
and every interested citizen in the county. 

2326-48. Section 102. The County Superintendent of 
Schools shall be the representative of the State Commissioner 
of Education in all State Examinations for teachers' certifi- 
cates conducted within the county other than in special school 
districts, and shall perform such duties in connection there- 
with as may be required by the State Commissioner of Edu- 
cation. He may issue, without charge, provisional certi- 
ficates to teachers, valid in the county schools, subject to the 
provisions of Article 8 of this Chapter. 

2326-49. Section 103. The County Superintendent of 
Schools shall nominate, in writing, for appointment by the 
County Board of Education and fix their salaries, subject to 

40 



the provisions of Article 9 of this Chapter, and the salary pro- 
visions of Section 112 of Article 4, and to the approval of the 
Board, all principals, all teachers and all other regular em- 
ployees of the Board, shall assign to them their positions, 
transfer them as the needs of the schools require, recommend 
them for promotion, suspend them for cause, and recommend 
them for dismissal. 

2326-50. Section 104. The County Superintendent of 
Schools shall organize and attend county and local institutes 
for teachers and citizens, shall organize and direct the read- 
ing circle work of the county, advise teachers as to their 
further study and professional reading, and assist parents 
and citizens to acquire a knowledge of the aims and work 
of the schools. 

2326-51. Section 105. The County Superintendent of 
Schools shall select from the textbook list prescribed by the 
State Board of Education such textbooks as are needed by 
the schools, also select such supplementary readers, maps, 
globes, and charts, materials of instruction, stationery and 
school supplies, school furniture, educational equipment, ap- 
paratus, and supplies as are necessary to the work of the 
schools, and recommend, in writing, the adoption, purchase, 
and distribution of the same by the County Board of Educa- 
tion. No contracts for textbooks, supplementary readers, maps, 
globes and charts, materials of instruction, stationery and 
school supplies, school furniture, education equipment, appar- 
atus, and supplies shall be valid without the written approval 
of the County Superintendent of Schools. 

2326-52. Section 106. The County Superintendent of 
Schools shall visit the schools, observe the management and 
instruction and give suggestions for the improvement of the 
same. He shall advise with principals and teachers, coun- 
sel Boards of Trustees, and shall labor in every way to 
awaken public interest and to improve educational condition 
within the county. 

« 

2326-53. Section 107. The County Superintendent of 
Schools, subject to the provisions of this Chapter, the policies 
and rules and regulations of the State Board of Education, 
shall prepare forms and blanks on which Boards of Trustees, 
supervisors, attendance officers, principals, teachers, jani- 
tors, ard other regular employees shall make such reports 

41 



as shall be required by the County Board of Education, and 
shall submit the same for approval and adoption by the 
County Board of Education. 

2326-54. Section 108. The County Superintendent of 
Schools, subject to the provisions of this Chapter, the poli- 
cies, rules and regulations of the State Board of Education, 
shall prepare the annual school budget provided for in Sec- 
tion 83 of this Chapter, and shall submit the same for approv- 
al and adoption by the County Board of Education. He shall 
in every way seek to secure adequate funds for the support 
and development of the schools of the country. 

2326-55. Section 109. The County Superintendent of 
Schools shall direct the taking in the county of the biennial 
school census provided for in Section 20 of this Chapter. 

2326-56. Section 110. The County Superintendent of 
Schools shall, subject to the rules and regulations of the State 
Board of Education, enforce the provisions of Article 10 of 
this Chapter, relating to School attendance. 

2326-57. Section 111. The County Superintendent of 
Schools shall prepare, or cause to be prepared, and submit 
to the County Board of Education for adoption, all reports 
required of the County Board by the State Board of Educa- 
tion and the State .Commissioner of Education, and he shall 
prepare, or cause to be prepared, and submit for approval to 
the County Board of Education, the annual report addressed 
to the people of the County, provided for in Section 87 of 
this Chapter. 

2326-58. Section 112. The County Superintendent of 
Schools, acting under the rules and regulations of the County 
Board of Education, shall be responsible for the administra- 
tion of the office of the County Superintendent of Schools. 
He shall nominate, for appointment by the County Board of 
Education, and fix the salaries subject to the approval of the 
Board, all the professional, clerical, statistical and stenographic 
assistants of the ofifice; he sliall recommend their removal 
for immorality, misconduct in office, incompetency, or wilful 
neglect of duty, and he shall see that all regular appointees 
of the County Board of Education devote their entire time 
to their duties. The office of the County Superintendent of 
Schools shall, beginning with the school year 1919-20, be 

42 



provided at least as follows with professional, clerical, statis- 
tical and stenographic assistants : 

(1) In each county there shall be at least appointed ele- 
mentary school supervisors as follows : In Kent County two 
(2) ; in 'New Castle County, two (2), and in Sussex County, 
three (3). Elementary school supervisors shall receive such 
compensation as the County Board of Education shall direct 
provided that no person shall be eligible for appointment as 
elementary school supervisor who does not hold from the 
State Commissioner of Education a certificate in elementary 
school supervision, as provided for in Article 8 of this Chapter ; 
nor shall the appointment of any person as elementary school 
supervisor by the County Board of Education be valid with 
out the written approval of the State Commissioner of Educa- 
tion. And provided further that no elementary school super- 
visor appointed under the provisions of this Section shall be 
paid an annual salary of less than sixteen hundred dollars 
($1600), and the State of Delaware shall, as hereinafter pro- 
vided, pay the annual salary of two (2) elementary school 
supervisors in Kent County, of two (2) in New Castle County, 
and of three (3) in Sussex County, up to and including an 
annual salary for each of sixteen hundred dollars ($1600). 
County Boards of Education may employ, on the recommen- 
dation of the County Superintendent of Schools, a greater 
number of elementary school supervisors than above desig- 
nated and pay each an annual salary in excess of sixteen hun- 
♦dred dollars "($1600), but the State shall not share in the 
payment of the salary of such additional elementary school 
supervisors or in the payment of said excess in annual salary. 

(2) There shall be appointed in each county at least one 
attendance officer, whose duty it shall be to enforce regular 
school attendance. Attendance afficers shall receive such 
compensation as the County Board of Education shall direct, 
provided that the appointment of no person as an attendance 
officer shall be valid without the written approval of the 
State Commissioner of Education. And provided further 
that no attendance officer appointed under the provision of 
this Section shall be paid an annual salary of less than ten 
hundred dollars ($1,000) and the State of Delaware shall pay 
as hereinafter provided, the annual salary of one attendance 
officer up to and including an annual salary of ten hundred 
dollars ($1,000). County Boards of Education may employ 
on the recommendation of the County Superintendent of 
Schools as many additional attendance officers as in their 

43 



judgement are necessary, and may pay annual salaries to at- 
tendance officers in excess of ten hundred dollars ($1,000), 
but the State shall not share in the payment of their salaries 
or in the payment of said excess annual salary. 

(3) There shall be employed in each county at least one 
statistical and stenographic clerk. 

(4) And such other clerical, statistical and stenographic 
assistants, and such other professional assistants (assistant 
superintendents, supervisors, attendance officers, medical in- 
spectors, and school nurses,) as the County Board of Educa- 
tion shall authorize on the recommendation of the County 
Superintendent of Schools : provided that no professional as- 
sistant shall be appointed who does not hold the appropriate 
certificate issued by the State Board of Education, and the 
appointment of no professional assistant shall be valid with- 
out the written approval of the State Board of Education. 

2326-59. Section 113. The County Board of Education 
shall provide the County Superintendent of Schools and his 
professional and clerical assistants, with ample, convenient, 
and comfortable office quarters and with adequate clerical 
supplies and equipment, and the County Superintendent of 
Schools and his professional assistants shall be provided with 
such means of transportation as are necessary for the con- 
venient, effective, and efficient performance of their official 
duties. They shall be reimbursed for all actual and necessary 
traveling expenses and disbursements incurred or made by 
them in the performance of their official duties, and no part 
of the traveling expenses of the County Superintendent of 
Schools or his professional assistants incurred in the perform- 
ance of their official duties, shall be included in, or counted 
as a part of their annual salary. 

2326-60. Section 114. The County Superintendent of 
Schools shall perform such other duties as are assigned to 
him elsewhere in this Chapter or may be assigned to him from 
time to time by the County Board of Education and the Gen- 
eral Assembly. 

ARTICLE 5. BOARDS OF EDUCATION 

2326-61. Section 115. The general administration and 
supervision of the free public schools and educational interest 

44 



of each special school district shall be vested in a Board ot 
Education. Such Board of Education shall be composed of 
three members. They shall be elected from the residents of 
the given special school district by the male residents quali- 
fied as hereinafter provided, and by women who have paid a 
tax at any time during the preceding twelve months on real 
or personal property, at a special election for terms of three 
years beginning with the first day of July next succeeding 
their election, and shall hold office until their respective suc- 
cessors qualify. Residents of the county, outside the spe- 
cial school districts, shall not vote for members of the Boards 
of Education in special school districts. The school election 
in each special school district shall be held on the third Sat- 
urday of June in each year, between the hours of two and 
four o'clock in the afternoon at the principal school-house in 
the respective school districts, and shall be conducted by 
members of the Board of Education at each special school 
district. The President of the Board of Education shall pre- 
side at the election, and the other two members of the Board 
shall be the judges of the election; provided that if, for any 
reason, one or more of the members of the Board of Educa- 
tion should be unable to serve as election officers, the said 
Board of Education shall designate another person, or persons, 
to act in such capacity; and provided, further, that should the 
Board of Education of any special school district fail or neglect 
to provide election officers at any such election, the voters 
present shall designate and appoint election officers to con- 
duct the election in such special school district. The school 
election in special school districts shall be by ballot, upon 
which shall be written or printed the names of the candidates 
for whom the voter desires to vote. x\ny male resident of the 
said special school district, who shall be entitled, at the time 
of the holding of the said school election, to register and vote 
in any election district, of which said special district is a part, 
at a general election, if such general electon were to be held 
at the time of such school election, shall be deemed to be a 
qualified voter at the school election in the special school 
district where he then resides. Women residents of the spe- 
cial school district shall be entitled to vote at a school elec- 
tion therein, upon presentation of a tax receipt for taxes as- 
sessed against them, within the preceding twelve months. If 
any person, not duly qualified to vote, shall offer to vote at a 
special school district election, he shall be guilty of a misde- 
meanor, and shall be punishable by a fine, or imprisonment, 
or both, in the discretion of the Court. The election officers. 

45 



conducting the election in a special district school election, 
shall pubHcly count the votes cast at any such election and 
shall certify the result of such election under their hands and 
seals to the State Board of Education. When this act goes 
into effect the terms of office of the persons who are at the 
time members of the Board of Education of the towns and 
cities hereinafter created and designated as special school dis- 
tricts shall automatically expire; but such members shall be 
qualified for appointment and election under the provisions 
of this Section, unless otherwise disqualified by the provisions 
of this Section. When this Act goes into effect, the Governor 
shall as soon as possible thereafter appoint from the mem- 
bers of the Board of Education of the respective special 
school districts at the time this Act goes into effect, three 
members to the Board of Education of the respective special 
school districts who shall take office immediately and serve 
under the provisions of this chapter until the first day of July 
1920 and until their respective successors qualify. At the 
school election of 1920, three members shall be elected to the 
Board of Education of each special school district; one to 
serve for one year, or until the first day of July, 1921 ; one to 
serve for two years, or until the first day of July 1922, and 
one to serve for three years, or until the first day of July 
1923, and until their respective successors qualify. Provided 
that in the first election, under the provisions of this section, 
the candidate receiving the highest number of votes in each 
special school district shall be declared elected for three years; 
the candidate receiving the next highest number of votes 
shall be declared elected for two years, and the candidate re 
ceiving the next highest number of votes shall be declared 
elected for one year. Thereafter, one member shall be electee 
each year for the full term of three years. The members of 
the Board of Education of special school districts shall be 
chosen solely because of their character and fitness ; but no 
person shall be appointed or elected to this Board under the 
provisions of this Section who is in any way subject to the 
authority of this Board. Vacancies in this Board for any 
cause shall be filled by the State Board of Education, such 
appointees serving until the next school election and until 
their respective successors qualify. At the next school elec- 
tion succeeding such appointment or appointments, the va 
cancy or vacancies shall be filled for the remainder of the re- 
spective unexpired term or terms. Any member of a Board 
of Education of a special school district shall be eligible for 
reelection, unless otherwise disqualified by the proA^sions of 

46 



this Section. Whenever a new special school district shall 
be created and erected unde'r the provisions of Section 18 
hereof, the State Board of Education shall at once appoint 
three suitable persons, possessing the necessary qualifications, 
for members of a Board of Education, to be members of the 
Board of Education of such special school district who shall 
take office immediately and serve under the provisions of this 
Chapter until the first day of July following the next school 
election thereafter, and until their respective successors 
qualify. At the next school election after such appointment 
there shall be elected to the Board of Education of such spe- 
cial school district three members ; one to serve for one year, 
one to serve for two years and one to serve for three years 
from the first day of July following such election, and until 
their respective successors qualify- Provided, that at such 
election the candidate receiving the highest number of votes 
shall be declared elected for three years, the candidate receiv- 
ing the next highest number of votes shall be declared elected 
for two years, and the candidate receiving the next highest 
number of votes shall be declared elected for one year. There- 
after one member shall be elected at each school election for 
the full term of three years. 

2326-62. Section 116. The office of the Board of Edu- 
cation shall be in the principal school building of the re- 
spective special school district unless otherwise adequately 
provided for. The Board of Education shall hold its annual 
meeting each year at its office on the first day of July. At 
this meeting the Board shall each year elect one of its mem- 
bers to serve as President and one to serve as Vice-President. 
Other regular meetings shall be held on the second Friday 
of September, December and March, and such special meet- 
ings may be held as the duties and the business of the Board 
may require. The members of the Board of Education shall 
receive no compensation for their services. The rules gen- 
erally adopted by deliberative bodies for their government 
shall be observed by Boards of Education. No motion or res- 
olution shall be declared adopted without the concurrence of a 
majority of the w^hole Board. 

2326-63. Section IIT. The Board of Education of each 
special schoo 1 district shall appoint, subject to the provisions 
of Section 137 of this Chapter, as its executive officer a 
Superintendent of Schools, who shall also be Secretary of 
the given Board of Education. As Secretary he shall con- 
duct all correspondence of the Board, keep and preserve all 

47 



of its records, receive all reports required by the Board, and 
see that such reports are in proper form, complete and ac- 
curate. He shall attend all meetings of the Board and of 
its committees except when his own tenure, his salary, or 
the administration of his office are under discussion, and 
shall have the right to advise on any question under con- 
sideration, but shall have no vote. In case the office of Super- 
intendent of Schools is temporarily vacant, or when the Su- 
perintendent of Schools is absent by reason of the nature of 
the business in hand or otherwise, the Board shall appoint 
one of its members to act for the time bein^ as Secretary. 

2326-64. Section 118. The County Treasurer shall be 
the Treasurer of each respective special school district. He 
shall receive and hold all moneys which the respective Bear 1 
of Education is entitled to by law and which may come into 
its possession, and shall deposit all such moneys in the finan- 
cial institution which is the legal depository of State moneys 
in the custody of the State Treasurer. 

He shall pay out all such moneys on the written order 
of the President of the respective Board of Education and of 
its Secretary, and shall keep such records and accounts of its 
funds as shall be required by the State Board of Education. 

2326-65. Section 119. The Board of Education of each 
special school district is hereby vested with all the powers 
necessary or proper for the administration and management 
of the free public schools within such special school district, 
subject to the limitations and restrictions provided in this 
Act. 

2326-66. Section 120. All property, estate, effects, 

money, funds, claims and state donations heretofore vested 
by law in the public school authorities of any special school 
district, for the benefit of the free public schools of such dis- 
trict, are hereby placed under and subject to the control and 
management of the Board of Education of such special school 
district. Real and personal estate granted, conveyed, devised, 
or bequeathed for the use of any special school district, shall 
be held in trust by the Board of Education for the benefit of 
the free public schools of the respective special school dis- 
trict and such grants, bequests and moneys invested in trust 
shall be exempt from all State, county and local taxes. 

2326-67. Section 121. The following cities, towns, and 
school districts which shall accept the provisions of this Act 

48 



as hereinafter in this Section provided, are hereby created and 
designated special school districts, subject to <,he provisions of 
this Article and Chapter: In New Castle County: Wilming- 
ton, comprising the present school districts, which may operate 
its schools according to the provisions of special school laws, 
except in so far as these special school laws arc in conliict with 
the provisions of Articles 1 and 2 ; of Sections 121, 122, 123, 124, 
126, 127, 128, 129, 130, 133, 134, and 135 of Articic 5 ; of Sections 
J37, 138, 139, 140. 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 
151, 153, 154, 155, 156, and 156-A of Article 6 ; and of Articles 
8, 9, 10, 11, 12, and 14 of this Chapter, all of which shall apply 
to Wilmington, School District 23 and 75 (x\lexis I. Du Pont 
School), Newark, comprising the present school districts, 
and New Castle, comprising the present school districts ; in 
Kent County : consolidated District No. 1 (the Caesar Rodney 
School), Dover, comprising the present school Districts, Har- 
rington, comprising the present school districts, Milford, com- 
prising the present school districts, and Smyrna, comprising 
the present school district; in Sussex County; Georgetown, 
comprising the present school districts. Laurel, compris- 
ing the present school districts, Lewis, comprising the present 
school districts, and Seaford, comprising the present school 
districts. The Board of Education of each of the school dis- 
tricts, in this section above specified, is hereby authorized and 
provisions of this Act by a resolution of a majority of the 
emrr^wered in the name of and for such district to accept the 
members of such Board adopted prior to the thirtieth day of 
June 1919, and (a) written copy of such resolution certified by 
the Secretary of such Board, filed with the Secretary of 
the State Board of Education, together with a duplicate copy 
filed with the trustee of the school fund, on or before the said 
thirtieth day of June 1919, shall be deemed and taken to be con- 
clusive evidence of the acceptance by the sa: 1 district of the 
provisions of this Act ; provided that the State Board of Educa- 
tion may, for good cause shown, extend the time for the adopt- 
ion of such resolution and for the filing of such copies, in the 
discretion of the said State Board. 



The said State Board of Education shall have the power 
to create other special school districts, subject to the provis- 
ions of this Article and Chapter. 



2326-68. Section 122. The Special school districts herein 
created and designated, and special school districts hereafter 

49 



created by the State Board of Education to continue to exer- 
cise the privilege of a special school district and of operating 
its schools according to the provisions of this Article, shall 
meet and continue to fulfill the followinpf conditions : 



(1) Ample grounds, buildings and equipment shall be 
provided conforming to the rules and regulations of the State 
Board of Education. 



(2) An elementary school including grades one to eight 
inclusive, shall be maintained, also a standard, first class high 
school, as defined in Article 12 of this chapter and the rules 
and regulations of the State Board of Education. The Board 
of Education may establish kindergartens and playgroiuids, 
and it may establish, on the recommendation of the Superin- 
tendent of Schools and subject to the approval of the .State 
Commissioner of Education, such other types of schools is 
in its judgment will promote the educational interest of the 
district. The school year in all regular day elementary 
schools and all regular day high schools shall be ten calender 
months and all such schools shall be in session during each 
school year not less than one hundred and eighty days, be- 
ginning on the first Tuesday after the first Monday in Septem- 
ber. Into the High school or High schools of each special 
school districts shall be admitted children from the county 
school systems, on the conditions and at the tuition rates pre- 
scribed by the State Board of Education. 

(3) Free Textbooks, school supplies, and instructional 
materials shall be provided all pupils attending the kinder- 
garten, day elementary schools, and day high schools, free 
textbooks, school supplies, and instructional materials may 
be provided pupils in such other schools as are established 
and maintained. 



(T) Each special school district shall employ a Super- 
intendent of Schools who shall hold the certificate prescribed 
for Superintendent of Schools in Article 8 of this Chapi- • 
The Superintendent of Schools shall not be paid an annual 
salary less than the minimum annual salary for Superintend- 
ents of Schools prescribed in Article 9 of this Chapter, but 
any Board of Education may pay a Superintendent of Schools 
more than the minimum salary prescribed in Article 9 of this 
Chapter. The Superintendent ol' Schools shall have at least 
one-half of his entire time free for supervision. 



(5) The Boards of Education may employ a high school 
principal or principals, elementary school principal, or prin- 
cipals, elementary school supervisors, high school supervisors, 
and attendance officers, subject to the conditions of Article 
8 and Article 9 of the salary provisions of Section 112 of 
Article 4 of this Chapter. Provided that if the Board of Ed- 
ucation of a Special school district does not employ an at- 
tendance office or officers, the enforcement of school attend- 
ance in the respective special school district shall fall to the 
County Superintendent of Schools of the County in which the 
respective special school district is located, and the Super- 
intendent of Schools of the respective special school district 
shall make to the County Superintendent of Schools such 
reports on the school population, school enrollment, and 
school attendance of the respective special school district as 
may be required by the State Board of Education. Provided 
that Wilmington shall employ sufficient attendance officer 
to enforce school attendance. Boards of Education of spe- 
cial school districts may also employ medical inspectors and 
school nurses subject to the provisions of Article 8 of this 
Chapter. 

(6) In the regular day high schools of the special 
school districts, no teacher shall hereafter be employed un- 
less such teacher holds a high school teacher's certificate as 
provided for in Article 8 of this Chapter, and such high school 
teachers shall not be paid less than the minimum annual sal- 
aries prescribed for teachers" holding high school teachers' 
certificates in Article 9 of this Chapter, but any Board of Ed- 
ucation on recommendation of the Superintendent of Schools 
may pay such high school teachers more than the minimum 
annual salaries prescribed for teachers holding high school 
teachers' certificates in Article 9 of this Chapter. 



(7) In regular day elementary schools of special school 
districts, no teacher shall hereafter be employed unless such 
teacher holds a first grade elementary school teacher's cer- 
tificate as prescribed in Article 8 of this Chapter, and such ele- 
mentary teachers shall not be paid less than the minimum an- 
nual salaries prescribed for teachers holding first grade ele- 
mentary school teachers' certificates in Article 9 of this Chap- 
ter, but any Board of Education on recommendation of the 
Superintendent of Schools may pay such elementary school 
teachers more than the minimum salaries prescribed for teach- 
ers holding first grade elementary school teachers' certificates 
in Article 9 of this Chapter. 

51 



(8) Boards of Education of special school districts may 
on the recommendation of their respective Superintendent 
of Schools employ such other professional assistance and 
such clerical, accounting, and statistical assistance as in their 
judgment is necessary to the work of the schools under their 
respective jurisdiction. 

(9) Special school districts shall meet and shall con- 
tinue to fulfill such other conditions as may hereafter be pre- 
scribed by the State Board of Education. 

2326-69. Section 123. The Board of Education shall ex- 
ercise through its executive officer, the Superintendent of 
Schools, and his professional assistants, control and super- 
vision over the public schools of the district. The Board 
shall consult and advise, through its executive officer and his 
professional assistants, principals, teachers, and interested cit- 
izens, and shall see in every way to promote the interests of 
the schools under its jurisdiction. 

2326-70. Section 124. The Board of Education shall de- 
termine, on the recommendation of the- Superintendent of 
Schools and subject to the provisions of this Chapter, the 
rules and regulations, and the policies of the State Board of 
Education, the educational policies of the district and shall 
prescribe rules and regulations for the conduct and the man- 
agement of the schools, and shall maintain separate schools 
for white and for colored children. 

2326-71. Section 125. The Board of Education is au- 
thorized, empowered, directed and required to provide ample, 
appropriate, and suitable grounds, buildings, and equipment 
for all the needed schools of the district, conforming to the 
rules and regulations of the State Board of Education for the 
hygienic, sanitary, and protective construction of school build- 
ings^ 

The Board of Education is authorized and empowered, 
on the recommendation of the Superintendent of Schools and 
approval of the State Commissioner of Education, to pur- 
chase playgrounds, school grounds, or school sites, and build- 
ings, and to sell the same when no longer needed for educa- 
tional purposes ; to rent, repair, improve, and construct school 
buildings, or approve contracts for so doing when the plans 
conform to the rules and regulations of the State Board of 
Education. The Board of Education shall employ an archi- 

52 



tect or architects on the recommendation of the Superin- 
tendent of Schools to assist in the preparation of plans and 
specifications for remodeling old buildings and for construct- 
ing new buildings, but Ihe architect or architects employed 
shall be approved by the State Commissioner of Education. 

The Board of Education may receive donation of play- 
grounds, school grounds or school sites, or of houses, already 
built suitably located and adapted to school purposes, but in 
no case shall any site be built upon or any house be occu- 
pied until a good and sufficient title has been obtained for 
the same in the corporate name of the Board. 

When land shall be required for the site of a school house 
or for enlarging a schoolhouse lot, or for playgrounds or other 
school purposes, and the Board of Education shall for any 
cause be unable to contract with the owner or owners thereof 
upon what they deem to be a fair valuation thereof, the Board 
of Education may institute condemnation proceedings, but no 
lot so taken or enlarged shall exceed in the whole ten (10) 
acres including the land occupied by the school building. 

Whenever it shall be necessary to institute condemnation 
proceedings to acquire any land for school purposes, as pro- 
vided in this Section, the Board of Education may apply to 
the Associate Judge of the State of Delaware, resident in the 
County where any such land is located for the condemna- 
tion thereof, and the said resident Judge shall thereupon ap- 
point five judicious and impartial freeholders residing in the 
county outside of such special school district, to view the 
premises and assess the damages which the owner or own- 
ers will sustain by reason of the taking of the said lands for 
the purposes aforesaid. The freeholders shall be sworn or 
affirmed faithfully and impartially to perform the duties as- 
signed them. They shall give ten days' notice in writing to 
the owner or owners of the premises proposed to be con- 
demned if within the State, and to the said Board of Educa- 
tion of the time of their meeting to view the premises and 
assess damages. If the owner or owners reside outside of 
the State, or if under any legal disability, and having no legal 
representative in the State, publication of such notice shall 
be made in some newspaper in the county in which proceed- 
ings were instituted, at least ten days prior to the date fixed 
for ^aid meeting, and such publication shall be sufficient no- 
tice thereof. The said freeholders shall ascertain and assess 
the damages to the owner or owners, taking into considera- 

63 



tion all circumstances of convenience or injury, but shall al- 
low, at least, the cash value of the land taken, and shall cer- 
tify their award to the owner or owners, and, also, to the 
Board of Education, and shall return a record of their pro- 
ceedings with their finding and award to the Prothonotary of 
the County in which the proceedings were instituted. If the 
said freeholders should be guilty of misconduct in their pro- 
ceedings, or if they should make a grossly improper award, 
the said Judge shall on application set aside their award and 
shall appoint other freeholders in their place, who shall pro- 
ceed anew in the manner hereinbefore provided, and in like 
manner he may set aside their finding or award, or the find- 
ing or award of freeholders subsequently appointed for the 
purposes aforesaid, until a fair and equitable aw^ard has been 
made and accepted. The said Judge may substitute other 
freeholders in the place of any freeholder who for any reason 
may be unable to serve. When the amount of damages has 
been ascertained the said Board of Education may pay, or 
tender the amount thereof, within two months, to the person 
or persons entitled thereto, or if, for any reason, payment can 
not be made to the owner or owners, the amount of such dam- 
ages may be deposited to the credit of the persons entitled 
thereto in the Farmers Bank of the State of Delaware at the 
County Seat of the County in which said proceedings were in- 
stituted, and thereupon the said lands may be taken and occu- 
pied for the use and purpose for which said lands were con- 
demned. The said freeholders shall be allowed Three Dollars 
($3) per day for their services which sum together with other 
expenses of the said condemnation proceedings, shall be paid 
by the Board of Education of the respective special school 
district. 



If for any reason the current !ncome of the Board of Edu- 
cation is inadequate to provide amply, appropriate, and suit- 
able grounds, buildings and equipment for all the needed 
schools of the district the Board of Education is authorized, 
and empowered, on the recommendation of the Superinten- 
dent of Schools, to issue bonds on the Credit of the district 
in amount sufficient to provide ample, appropriate, and suit- 
able grounds, buildings, and equipment for all the needed 
schools of the district. 



Provided that the Board of Education shall not he, au- 
thorized to issue bonds for the purpose of this section m a 
greater amount in the aggregate than five per cent (5%) of 

54 



the assessed value of the real estate of such special school 
district. Provided further, that the funds derived from such 
bond issue shall be used only to provide or purchase new 
grounds, new buildings, and new permanent equipment. Such 
bonds shall not be issued or sold at less than their face value, 
and shall be issued in series, with no bond of any given series 
running more than twenty-five (25) years. 

The bonds provided for in this section shall be in such 
denomination or denominations, in such form, and shall bear 
such rate of interest, not exceeding six per cent (6%) per 
annum, as shall be determined by the Board of Education of 
the respective special school district. The said bonds "shall 
be signed by the President and other memJ:)ers of the said 
Board of Education. The said Board of Education shall have 
the power to adopt and use a seal for the execution of the 
said bonds. The faith and credit of the special school dis- 
trict shall be deemed to be pledged for the payment of the 
said bonds. The said bonds shall be denominated as of the 
special school district in which they are issued, shall be of 
the series of the year in which they are issued, and the prin- 
cipal and interest shall be made payable at the branch of the 
Farmers Bank in the County in which said bonds are issued. 
The said bonds shall be exempt from all State, County or 
Municipal taxes. 

Provided further, that the Board of Education shall, in 
its current school budget, hereinafter provided for, under the 
item "Debt Service", make provisions for the payment of the 
current interest on each and every series of bond issues and 
also for the payment and liquidation each year of not less 
than one-twenty-fifth (1-25) of each and every series of bonds 
issued. 

2326-72. Section 126. The Board of Education, subject 
to the provisions of this Chapter, and the policies, rules and 
regulations of the State Board of Education, shall, on the 
written recommendation of the Superintendent of Schools, 
grade and standardize all the schools under its jurisdiction. 

2326-73. Section 127. The Board of Education, subject 
to the provisions of this Chapter, the rules and regulations, 
prescribed courses of study, and the policies of the State 
Board of Education, shall prescribe, on the written recom- 
mendation of the Superintendent of schools, courses of study 

55 



for the schools under its jurisdiction, and a printed copy of 
these courses of study shall be supplied to every teacher and 
to every interested citizen of the district. 

2326-74. Section 128. The Board of Education shall, on 
the written recommendation of the Superintendent of Schools, 
appoint all principals, teachers, all supervisors, attendance 
officers, janitors, and all other regular employees, and 
fix their salaries, subject to the provisions of Article 9 of this 
Chapter and of the salary provisions of Section 112 of Article 
4. The Board of Education may suspend or dismiss (without 
2ppeal), any principal, or teacher, or supervisor, or attendance 
officer, or other regular employee so appointed on the written 
recommendation of the Superintendent of Schools, for immor- 
ality, misconduct in office, incompetency, or wilfull neglect of 
duty. Provided that in case of a principal, or teacher, or 
supervisor, or attendance officer, the charges be stated in writ- 
ing, and that the principal, or teacher, or supervisor, or attend- 
ance officer be given an opportunity to be heard by the Board 
upon not less than ten (10) days' notice; provided further 
that in all cases when the Board is not unanimous in its deci- 
sion to suspend or dismiss a principal, or teacher, or super- 
visor, or attendance officer, the right of appeal shall lie to the 
State Board of Education. The contracts of every principal, 
teacher, supervisor, attendance officer, and other regular em- 
ployees shall be for the school year, beginning July 1st and 
ending June 30th, except when they are employed after the be- 
ginning of the school year, when the contract shall be for the 
remainder of the school year. 

2326-75. Section 129. The Board of Education shall se- 
lect and adopt, on the written recommendation of the Superin- 
tendent of Schools, from the textbook list prescribed by the 
State Board of Education, purchase, and distribute free of 
charge to all day elementary and all day high school pupils, 
Such textbooks as are necessary to carry out the adopted 
courses of study, provided that the textbooks so selected and 
adopted shall not be changed more often than once in three 
(^3) years. The Board of Education shall also select and pur- 
chase, on the written recommendation of the Superintendent 
of Schools, such supplementary readers, maps, globes, and 
charts, materials of instruction, stationery and school supplies, 
school furniture, educational equipment, apparatus, and sup- 
plies as arc necessary to the work of the schools, and no charge 
shall be made to either day elementary or day high school 
pupils for the use of such supplies or equipment. 

56 



2326-76. Section 130. The Board of Education, subject 
to the provisions of this Chapter and the rules and rei^Mlations 
of the State Board of Education, shall prescribe, on the recom- 
mendation of the Superintendent of Schools, forms and blanks 
on which principals, teachers, supervisors, attendance officers, 
janitors, and other regular employees shall make such reports 
as may be requested from them on the recommendation of the 
Superintendent of Schools, by the Board of Education. 



2326-77. Section 131. The Board of Education is au- 
thorized, empowered, directed, and required to provide ample 
funds for the maintenance and operation of uniform equal, 
and efficient schools throughout the district. Each year be- 
ginning with 1920, prior to the usual date on which the Levy 
Court of the respective county levy other county taxes, the 
Board of Education shall prepare, subject to the rules and 
regulations of the State Board of Education on the recom- 
mendation of the Superintendent of Schools, an itemized and 
detailed annual school budget. This annual school budget 
shall show the amounts needed during the succeeding school 
year for (1) debt service as provided for in Section 125 of this 
Chapter, (2) permanent improvements and repairs, and (3) 
current maintenance and operation, including the transporta- 
tion of school children- The annual school budget shall also 
show the estimated amount that will be received from the 
State for (1) aiding elementary schools, which amount shall 
be used for paying elementary teachers' salaries and purchas- 
ing free textbooks, materials of instructions, and school sup- 
plies : (2) aiding high schools which amount shall be used 
for paying high school teachers' salaries and purchasing free 
textbooks, materials of instruction, and school supplies; (3) 
the estimated amount of high school aid that will be received 
by the reason of the provisions of Smith-Hughes Vocational 
Education Act; (4) the estimated income of the Board other 
than from district taxation; and (5) the estimated amount 
that will need to be raised by district taxation. Taxes for 
special school district purposes shall be of two kinds: (1) a 
capitation tax, the amount of which shall be fixed annually 
by the Board of Education and stated in its annual school bud- 
get, but which shall not be less than three dollars ($3.00) nor 
more than six dollars ($6.00) annually, and shall be levied on 
the person of all male residents of the respective special school 
district, twenty-one (21) years of age or over; (2) a property 
tax, to be levied on the assessed value, as determined and fixed 

57 



for other county taxation purposes, of the personal and real 
property in the respective special school district, provided 
that said tax so levied shall not exceed one and one-half per 
cent of the assessed value of the property in said special dis- 
trict. This annual school budget shall be submitted in writing, 
not less than ten (10) days before the usual date for levying 
other county taxes, to the Levy Court of the respective county ; 
at the same time a written copy of this annual school budget 
shall be submitted to the State Commissioner of Education. 
The Levy Court of the respective county is authorized, em- 
powered, directed and required to levy and collect at the 
time of collection and through the collector or collectors of 
other county taxes, the capitation tax as fixed and specified 
in the annual school budget of the respective Board of Edu- 
cation, and to levy and collect such tax at the time of collect- 
tion, and through the collector or collectors of county taxes, 
on the assessed value, as determined and fixed for other county 
taxation purposes, of all personal and real property in and of 
the respective special school district as shall produce the re 
mainder and the total amount required by the respective 
Board of Education to be raised by district taxation. All 
the powers and remedies, now or hereafter vested by law in 
the collector or collectors of taxes for County purposes, is 
hereby vested in the said collector or collectors in the collec- 
tion of the special school district tax, levied under the provi- 
sions of this Section. The district school taxes so levied and 
collected, after deducting the fees for collection, if any, shall 
be turned over by the collector or collectors immediately on 
collection to the Treasurer of the Board of Education of the 
respective special school district, on the tax bills presented to 
the taxpayers of the respective special school districts, the 
school tax shall appear as a separate item entitled ''District 
School Tax", and shall show as sub-item and separately the 
amount of capitation tax and the amount of personal and real 
property tax. Provided that for the school year 1919-20 the 
Board of Education shall prepare the annual school budget 
for the school year 1919-20 and present it as soon as possible 
after July 1, 1919, to the Levy Court of the respective county, 
and that the amounts required to be raised by district taxation 
shall be levied and collected as provided for beginning with 
1920 in this Section, by the Levy Court at the time local 
school taxes are now levied and collected under the existing 
schools laws. All taxes received by the Board of Education 
shall be expended by them in accordance with the items of 
its annual school budget. 

58 



2326-78. Section 132. If, for any reason the current 
funds on hand are not sufficient to meet the current expenses 
of the Board, the Board of Education, on the recommendation 
of the Superintendent of Schools, may borrow money on the 
credit of the district to meet current expenses, provided that 
all such current loans shall be paid within the school year 
in which such current loans are made and shall be paid from 
the funds derived from the taxes levied and collected for th^ 
current expenses of the schools within the given school year 
and provided further that the amount so borrowed shall at 
no time exceed ten per cent. (10%) of the sum estimated 
for current expenses as shown by the school budget for that 
year. 



2326-79. Section 133. The auditor of accounts shall 
each year, as soon as possible after July 1st, audit the busi- 
ness and financial transactions of the Board of Education of 
each special school district, and the records and accounts 
of its respective Treasurer, and the the Board of Education of 
the respective school district shall make public the result of 
this audit. 



2326-80. Section 134. The Board of Education shall 
make all reports required by the State Board of Education, 
at such time, upon such items, and in such form and on such 
blanks as may be prescribed by the State Board of Education. 



2326-81. Section 135. The Board of Education shall 
cause to be prepared and published annually in the month 
of November, in sufficient quantities for distribution among 
the citizens of the district, an annual report addressed to the 
people of the district, covering the condition, current accom- 
plishments, and needs for the improvement of the Schools, 
also a statement of the business and financial transactions of 
the Board. 



2326-82. Section 136 The Board of Education shall 
perform suck other duties as are assigned to it elsewhere in 
this Chapter, or may be assigned to it from time to time by 
the General Assembly. 

59 



ARTICLE 6. SUPERINTENDENT OF SCHOOLS 

2326-83. Section 137. The Board of Education of each 
special school district shall appoint a Superintendent of 
Schools for a term of three years, and he shall hold office 
until his successor qualifies. No person shall be eligible for 
appointment to the office of Superintendent of Schools who 
does not hold from the State Board of Education a Superinten- 
dent of Schools' certifiicate as proAnded for in Article 8 of this 
Chapter, nor shall the appointment of any person by a Board 
of Education to the position of Superintendent of Schools be 
valid without the written approval of the State Commissioner 
of Education. Provided that the Superintenent of Schools, in 
the special school districts created by this Act, holding office 
at the t;me when this Act shall take effect shall continue to 
serve to the end of the term for which they were last ap- 
pointed, and until their successors qualify, unless removed as 
hereinafter provided, and shall also be eligible for reappoint- 
ment; and provided further that all Superintendents ot 
Schools shall be paid, beginning with the school year 1919- 
20, on the basis of the salaries hereinafter specified. The Sup- 
erintendent of Schools shall devote his entire time to public 
school business and shall receive such compensation as the 
Board of Education shall direct, provided that no Superinten- 
dent of Schools appointed to office under the provisions of this 
Section or continuing in office under the provisions of this 
Section shall be paid an annual salary less than the annual sal- 
ary provided for in Article 9 of this Chapter. Boards of Educa- 
tion may, in their discretion, pay to a Superintendent of 
Schools an annual salary in excess of the annual salary speci- 
fied in Article 9 of this Chapter. The State Board of Educa- 
tion may remove any Superintendent of Schools appointed 
under the provisions of this Section, or continuing in office 
under the provisions of this Section, for immorality, miscon- 
duct in office, incompetency, or wilful neglect of duty, upon 
making known to him in writing the charges against him and 
upon giving to him an opportunity of being heard, in person 
or by counsel in his own defense upon not less than ten (10) 
days' notice. In case of vacancy due to any cause, the Board 
of Education shall fill the vacancy, and the appointment shall 
be for a full term of three (3) years and until a successor shall 
qualify. ^ 



2326-84. Section 138. The Superintendent of Schools, 
as the executive officer of the Board of Education, shall see 

60 



that the laws relating to the schools, the enacted and published 
rules and regulations and the policies of the State Board of 
Education, and the rules and regulations and policies of the 
Board of Education of the particular special school district 
are carried into effect. 

2326-85. Section 139. The Superintendent of Schools, 
shall explain the true intent and meaning of the school laws 
and of the rules and regulations of the State Board of Educa- 
tion, subject to the approval in writing of the State Board of 
Education; he shall decide, without expense to the parties 
concerned, all controversies and disputes involving the rules 
and regulations of the Board of Education of the respective 
special school district and the proper administration of the 
public schools of the district, and his decision shall be final 
except that an appeal may be had to the State Board of Educa- 
tion if taken in writing within thirty (30) days. The superin- 
tendent of Schools shall have authority to administer oaths, 
and to examine under oath in any part of the respective spe- 
cial school district, witnesses in any matter pertaining to the 
public schools of the district, and to cause the examination to 
be reduced to writing. Any person who, having been sworn 
of affirmed by him to tell the truth, wilfully gives false testi- 
mony, shall be guilty of false swearing and shall be punishea 
accordingly. 

2326-86. Section 140. The Superintendent of Schools, 
subject to the provisions of this Chapter, the policies and rules 
and regulations of the State Board of Education, shall rec- 
ommend for approval and adoption by the Board of Education 
the kind, grade, and location of the schools to be established 
and maintained in the respective special school district. 

2326-87. Section 141. The Superintendent of Schools, 
subject to the provisions of this Chapter, the policies and 
rules and regulations of the State Board of Education, shall 
recommend for approval and adoption by the Board of Edu- 
cation of the respective special school district policies adapt- 
ed to promoting the educational interest of the district and 
rules and regulations for the conduct of the schools of the 
district. 

2326-88. Section 142. The Superintendent of Schools, 
as the executive officer of the Board of Education shall call 
and conduct conferences with the supervisors, attendance 

61 



officers,- principals, and teachers of the respective special 
school district, and shall in every way seek to foster in teach- 
ers professional insight and efficiency and develop public 
interest in education. 

2326-89. Section 143. The Superintendent of Schools, 
subject to the provisions of this Chapter, the policies and 
rules and regulations of the State Board of Education, shall 
develop a building program adequate to meet the needs of 
the schools of the respective school district, and shall submit 
the same for approval and adoption by the Board of Educa- 
tion. The Superintendent of Schools shall recommend to 
the Board of Education for condemnation, school buildings 
which are insanitary and unfit for use ; he shall recommend in 
writing all repairs, the purchase of playgrounds, school 
grounds or school sites, and buildings, or the sale of the same, 
and shall prepare or cause to be prepared all plans and speci- 
fications for the remodeling of old buildings and the construc- 
tion of new^ buildings, subject to the provisions of Section 36 
of this Chapter ; and he shall recommend, in his discretion, to 
the Board of Education an architect or architects to assist in 
the preparation of plans and specifications for remodeling 
old buildings or the construction of new buildings, and shall 
supervise such remodeling and construction. He shall ap- 
prove in writing all contracts of whatever kind entered into 
by the Board of Education of the respective special school 
district and no contract entered into by the Board of Educa- 
tion of the respective special school district shall be valid 
without the written approval of its Superintendent of Schools. 

2326-90. Section 144. The Superintendent of Schools, 
subject to the provisions of this Chapter, the policies and 
rules and regulations of the State Board of Education, shall 
prepare rules and regulations for grading and standardiz- 
ing all the public schools of the district and shall submit the 
same for approval and adoption by the Board of Education. 
He shall grade and standardize all the public schools of the 
district and shall recommend the same for approval by the 
Board of Education. 

2326-91. Section 145. The Superintendent of Schools, 
subject to the provisions of this Chapter, the prescribed 
courses of study, and the policies and rules and regulations 
of the State Board of Education, and of the Board of Edu- 
cation of the respective special school district, shall pre- 

62 



scribe courses of study for the schools of the respective 
school district and submit the same for approval and adop- 
tion by the Board of Education. Printed copies of these 
courses of study shall be supplied to every teacher and every 
interested citizen of the district. 

' 2326-92. Section 146. The Superintendent of Schools 
shall be the representative of the State Commissioner of 
Education in all State examinations for teachers' certlifi- 
cates conducted within the repective special school district, 
and shall perform such duties in connection therewith as 
may be required by the State Commissioner of Education. 

2326-93. Section 147. The Superintendent of Schools 
shall nominate in writing for appointment by the Board of 
Education, and fix their salaries, subject to the provisions 
of Article 9. of this Chapter and the salary provisions of Sec- 
tion 112 of Article 4, and to the approval of the Board, all 
principals, all teachers, supervisors, attendance officers, jan- 
itors, and all other regular employees of the Board, shall as- 
sign to them their positions, transfer them as the needs of 
the schools require, recommend them for promotion, suspend 
them for cause, and recommend them for dismissal. 

2326-94. Section 148. The Superintendent of Schools 
shall organize institutes for teachers and citizens, shall or- 
ganize and direct the reading circle work of the district, ad- 
vise teachers as to their further study and professional read- 
ing, and assist parents and citizens to acquire a knowledge of 
the aims and work of the schools of the district. 

2326-95. Section 149. The Superintendent of Schools 
shall select from the textbook list prescribed by the State 
Board of Education such textbooks as are needed by the 
schools ; also select such supplementary readers, maps, globes, 
and charts, materials of instruction, stationery, and school 
supplies, school furniture, educational equipment, apparatus 
and supplies as are necessary to the work of the schools, 
and recommend in writing the adoption, purchase, and 
distribution of the same by the Board of Education o} 
the respective special school district. No contract for text 
books, supplementary readers, maps, glol:>es, and charts, ma 
terials of ' instruction, stationery and school supplies, school 
furniture, edicational equipment, apparatus and suplies shall 
be valid without the written approval of the Superintendent 
of Schools. 

G3 



2326-96. Section 150. The Superintendent of Schools 
shall visit the schools, observe the management and instruc- 
tion, and give suggestion for the improvements of the 
same. He shall advise with principals and teachers, and shall 
labor in every way to awaken public interest and improve 
educational conditions within the respective special school 
district, 

2326-97. Section 151. The Superintendent of Schools, 
subject to the provisions of this Chapter, the policies and 
rules and regulations of the State Board of Education, shall 
prepare forms and blanks upon which principals, teachers, 
supervisors, attendance officers, janitors, and other regular 
employees shall make such reports as shall be required on 
the recommendation of the Superintendent of Schools by the 
Board of Education, and shall submit the same for approval 
to the Board of Education. 

2326-98. Section 152. The Superintendent of Schools, 
subject to the provisions of this Chapter, the policies and rules 
and regulations of the State Board of Education, shall prepare 
the annual school budget provided for in Section 131 of this 
Chapter, and shall submit the same for approval and adoption 
by the Board of Education. He shall in every way seek to 
secure adequate funds for the support and development of the 
schools of the respective special school district. 

2326-99. Section 153-. The Superintendent of Schools 
shall direct the taking, in the respective special school dis- 
trict, of the biennial school census provided for in Section 20 
of this Chapter. 

2326-100. Section 154. The Superintendent of Schools 
in such special school districts as employ attendance officers, 
shall, subject to the rules and regulations of the State Board 
of Education, enforce the provisions of Article 10 of this Chap- 
ter relating to school attendance. In such special school dis- 
tricts as do not employ attendance officers, the Superinten- 
dents of Schools shall co-operate in every way with the 
County Superintendents of Schools in the enforcement of the 
provisions of Article 10 of this Chapter relating to school at- 
tendance. 

2326-101. Section 155. The Superintendent of Schools 
shall prepare, or cause to be prepared, and submit to the Boarc 
of Education for adoption, all reports required by the State 

64 



Board of Education ; and he shall prepare, or cause to be pre- 
pared, and submit for approval to the Board of Education the 
annual report addressed to the people of the respective spe- 
cial school district provided for in Section 135 of this Chapter. 

2326-102; Section 156. The Superintendent of Schools, 
acting under the rules and regulations of the Board of Edu- 
cation, shall be responsible for the administration of the of- 
fice of the Superintendent of Schools, and he shall see that all 
regular appointees of the Board of Education devote their 
entire time to their duties. 



2326-103. Section 156-A. The Board of Education shall 
provide the Superintendent of Schools and his professional 
and clerical assistants with ample, convenient, and comfort- 
able office quarters, and with adequate clerical supplies and 
equipment. 

2326-104. Section 157. The Superintendent of Schools 
shall perform such other duties as are assigned to him else- 
where in this Chapter, or may be assigned to him from time 
to time by the Board of Education and the General Assembly. 



ARTICLE 7, BOARDS OF SCHOOL TRUSTEES. 

2326-105. Section 158. In each school attendance dis- 
trict of the county school system there shall be, as the local 
representative of the County Board of Education and as the 
representative of local educational interests, a Board of 
School Trustees. There shall be one such Board for each 
school attendance district. Boards of school trustees shall be 
composed of three members elected from the residents of the 
several school attendance districts at the annual school elec- 
tion for a term of three years from the first day of July next 
succeeding their election, and they shall hold office until 
their successors qualify. Provided that when this Act goes 
into effect, and as soon after July 1st, 1919, as possible, the 
Count}^ Boards of Education of the respective counties shall 
appoint from the residents of the several school attendance 
districts of their respective counties three members of the 
Board of School Trustees of the respective school attendance 
districts in their respective counties, who shall take office 
immediately, and serve until the first day of July, 1920, and 
until their respective successors qualify. 

65 



At the school election of 1920, three members shall be 
elected to the Board of Trustees of each school attendance 
district, one to serve for one year, or until the first day of 
July 1921, one to serve^for two years or until the first day 
of July 1922, one to serve for three years, or until the first 
day of July 1923 and until their respective successors quali- 
fy. Provided that in the first election under the provisions 
of this section the candidate receiving the highest number 
of votes shall be declared elected for three years; the can- 
didate receiving the next highest number of votes shall be 
declared elected for two years, and the candidate receiving 
the next highest number of votes shall be declared elected 
for one year. Thereafter, one member shall be elected at the 
school election in each school attendance district for the 
school term of three years. Provided, that nominations for 
members of the Board of School Trustees of the respective 
school attendance districts may be made on the day of the 
school election, and without petition. And provided, also, 
that the name of any person to be voted for as a member of 
the Board of School Trustees may be written upon the bal- 
lot of any voter. A County Board of Education may remove 
any member of a Board of School Trustees of the same 
county for immorality misconduct in office, incompetency 
or wilful neglect of duty, giving to him a copy of the charges 
against him, and an opportunity of being publicly heard in 
person, or by counsel in his own defense upon not less than 
ten (10) days' notice. A^acancies on the Boards for any cause 
shall be filled by the County Boards of Education for the un- 
expired term and until his successor qualifies. If, for any 
reason, it should be found impossible to provide any school 
attendance district with a Board of School Trustees, the 
duties of the Board for the particular school attendance dis- 
trict shall devolve upon the County Board of Education. 



2326-106. Section 159. The office of the Board of 
School Trustees shall be the schoolhouse of the respective 
school attendance district. The board of School Trustees 
shall meet on the first Saturday in the month of July after 
their election, and shall elect one of its members to serve 
as President, and shall give notice of such election to the 
Secretary of the County Board of Education of the respective 
County. Other regular meetings of the Board shall be held 
on the third Friday of September, December and March, and 
such special meetings may be held as the duties and business 
of the Board may require. The rules generally adopted by 
deliberative bodies for their government shall be observed 

66 



by the Boards of School Trustees. No motion or resolution 
shall be declared adopted, without the consent of a majority 
of the whole Board. 

2326-lOT. Section 160. The principal or the teacher 
or the senior teacher of the school of the respective school 
attendance district shall be the Secretary of the Board of 
School Trustees. The principal or the teacher or the senior 
teacher, thus acting as secretary, shall attend all meetings 
of the Board, except when the given principal or teacher or 
senior teacher is under 'consideration ; shall have the right 
to speak upon all questions, but shall have no right to vote ; 
shall prepare for adoption all reports requested of this Board ; 
shall keep all its records ; shall keep the minutes of the meet- 
ings of the Board and its accounts in a record book pro- 
voided by the County Board of Education, and shall conduct 
the correspondence of the Board. Any teacher of the school 
of the respective school attendance district shall have the 
right to appear before the Board and speak upon the ques- 
tion, but no teacher shall be entitled to be present when the 
respective teacher is under consideration. In case the prin- 
cipalship of the school of the respective school attendance 
district is vacant or there is no teacher, or whenever the prin- 
cipal or teacher is absent by reason of the business in hand 
or otherwise, the Board shall appoint one of its members to 
act for the time being as Secretary. 

2326-108. Section 161. The Board of School Trustees 
shall have the care in its respective school attendance district 
of the buildings and land connected therewith intended for 
school purposes, also the school apparatus and other school 
property. They shall attend to all incidental repairs and 
charge the cost among the incidental expenses of the school 
to be paid by the County Board of Education. Provided 
that when the repairs are to be paid by the County Board of 
Education, the amount to be expended shall be approved by 
the County Superintendent of Schools and authorized by the 
County Board of Education before the repairs are made. 

2326-109. Section 162. The Board of School Trustees 
shall meet, each year, at the call of the President at least 
two months before the usual time of the preparation of the 
annual school-budget by the County Board of Education, to 
consider the condition and needs of the school property of its 
respective school attendance district, and shall report its find- 
ings and its recommendations to the County Board of Educa- 
tion. 

67 



2326-110. Section 163. Any person who shall disturb a 
public school in session or wilfully destroy any public school 
property shall, upon conviction thereof be deemed guilty of a 
misdemeanor, and shall upon conviction forfeit and pay 
twenty dollars ($20), to be collected as other fines, and paid to 
the Board of School Trustees for the benefit of the respective 
school attendance district; or said offender shall be imprisoned 
not exceeding thirty days, or both, in the discretion of the 
court. 

2326-111. Section 164. The Board of School Trustees 
shall employ and fix the salary of a janitor or janitors for 
the school of its respective school attendance district, subject 
to the approval of the County Superintendent of Schools. No 
teacher shall be required to do janitorial service, but where 
it is impossible or otherwise impracticable to employ a janitor 
or janitors, the Board of School Trustees may employ a teach- 
er or teachers, paying the usual wages for such janitorial 
services, but the amount received for such janitorial service 
shall not be regarded or considered as a part of the teacher's 
annual salary as a teacher. 

2326-112. Section 165. The Board of School Trustees 
shall have the power to refuse to accept the original assign- 
ment of a principal, or teacher, or teachers to the school of its 
respective school attendance district, and on notification of 
such refusal, the County Superintendent of Schools shall 
name another principal or another teacher for each teacher so 
refused by the Board of School Trustees. Provided, that the 
County Superintendent of Schools shall not be required to 
name more than two principals or two teachers for any one 
place in said school. 

2326-113. Section 166. The Board of School Trustees 
shall meet at the school of its respective school attendance dis- 
trist on the Saturday preceding the day for opening the school 
for the school year, have present the principal, or teacher, and 
teachers, and discuss the general policy of conducting the 
school, and take definite steps toward making the school a 
real centre for the community's civic and educational activi- 
ties. 

2326-114. Section 167. The Board of School Trustees 
shall visit the school of its respective school attendance dis- 
trict, and shall seek in every way to develop public sentiment 

68 



in support of the school. In case of dissatisfaction .they may 
file, with the County Board of Education, written charges re- 
questing the removal of the principal or teacher, or teachers. 

2326-115. Section 168. When the citizens of any com- 
munity are organized into a nonpartisan, nonsectarian, nonex- 
clusive association for the presentation and discussion of pub- 
lic questions, such organizations, upon request in writing to 
the Board of School Trustees of any school attendance dis- 
trict shall have the free use of the schoolhouse for weekly, bi- 
weekly, or monthly gatherings, or at such times as the ctitzens' 
organization shall request or designate; provided that said 
meetings shall be held during those hours when the school 
building is not being used for its principal purpose. 

The Board of School Trustees and Boards of Educa- 
tion of special school districts shall allow, on written request, 
the free use of the schoolhouse or sehoolhouses under their 
jurisdiction for farmers' meetings, public speakings, lectures, 
entertainments, church festivals, Red Cross meetings, Y. M. 
C. A. meetings, political meetings, or for any other purpose 
which are for the civic welfare. Provided that the person 
or persons making application for the use of a schoolhouse 
for a public meeting shall be responsible for all damage to 
the property occurring at such meeting, ordinary wear and 
tear excluded, and upon failure of the person or persons to 
respond in damages for any such injury to the property, the 
Board in charge of the schoolhouse may refuse all future ap- 
plications until such injury is repaired without expense to 
the Board in charge of the property. 



ARTICLE 8. TEACHERS^ CERTIFICATES 

2326-116. Section 169. The examination and certifica- 
tion of teachers, after July 1, 1920, shall be a State function, 
and all examinations for teachers' certificates shall be on uni- 
form questions prepared, subject to the approval of the State 
Board of Education, and sent out by the State Commissioner 
of Education either in person or through his assistants. All 
examination papers shall be forwarded to, read and graded 
by, the State Commissioner of Education, either in person 
or by his assistants. The County Superintendents of Schools 
and the Superintendents of Schools of special school dis- 
tricts shall render such assistance in conducting examina- 

69 



tions as may be required by the State Commissioner of Edu- 
cation. All details connected with examinations for teach- 
ers' certificates, the exchange and the renewal of the same, 
the granting of such on certificates Or diplomas, and the con- 
ditions under which certificates, diplomas, and degrees of 
institutions of the State of Delaware and of other States 
will be recognized, not provided for in this Article, .shall be 
determined by the State Board of Education. The Commis- 
sioner of Education shall publish a bulletin containing full 
information of the time and place, the number and kinds of 
examinations, the rule? and regulations controlling examina- 
tions, and the issuance of certificates on credentials or di- 
plomas. 

2326-117. Section 170. No person shall ])e employed 
as county superintendent of schools, superintendent ol 
schools of a special school district, assistant superintendent, 
supervisor, principal, or teacher unless such person shall 
hold a certificate issued by the State Board of Education, ot 
the kind and grade required for the position, but any county 
or special school district may require as a condition of em- 
ployment a higher standard for a certificate of a similar kind 
and grade than is required by the State. Provided that all 
teachers' certificates in force at the time this Section goes 
into effect shall be exchanged for State certificates of equal 
time value and validity. Provided further, that no certificate 
heretofore issued shall be valid after this Section goes into 
effect, for appointment to the position of county superin- 
tendent of schools, superintendent of schools of a special 
school district, assistant superintendent, supervisor, high 
school principal, high school and elementary school princi- 
pal, or elementary school principal, in elementary schools 
having three teachers or more, including the principal, high 
school teacher, or elementary school teacher in special school 
districts, except in case of persons holding the foregoing 
positions at the time this Section goes into effect, and then 
valid only in the particular county or special school district 
in which they are employed at the time this Section goes 
into effect. 

232G-118. Section 1?1. The certificates hereafter to be 
granted shall be : 

(1) A certificate in administration and supervision, 
valid throughout the State for three years, renewable for 
three year periods on evidence of successful experience and 

70 



professional spirit and required of all county superintend- 
ents, may be issued to persons who are graduates of a stand- 
ard college or university, who have completed in addition 
one graduate year's work at a recognized university, includ- 
ing public school administration, supervision, and method of 
teaching, and who have had five ^5) years' experience as ad- 
ministrator or teacher. 

(2) A certificate in elementary school supervision, val- 
id throughout the State for three years, renewable for three 
year periods on evidence of successful experience and pro- 
fessional spirit, and required of assistant superintendents and 
elementary school supervisors, may be granted to persons 
who are graduates of a two year standard normal school, 
who have completed in addition two academic years' work 
at a standard college or university, including academic 
branches related to the elementary school and elementary 
school methods and supervision, and who have had three 
(3) years' experience in elementary schools as supervisor or 
teacher. Such a certificate may also be granted to persons 
who are graduates of a four year course of a standard col- 
lege or university, who have had as a part of their college 
or university course, work in academic branches related to 
the elementary school and in elementary school methods and 
supervision, and who have had three (3) years' experience in 
elementary schools as supervisor or teacher. 

(3 A certificate in supervision (special), valid through- 
cut the State for three years, renewable for three year pe- 
riods on evidence of successful experience and professional 
spirit, and required of special supervisors in physical train- 
ing, music, fine and applied arts, household arts, manual or 
industrial training, agriculture, etc., may be granted to per- 
sons who have had four years of work of a college grade, 
who have specialized in the branch or branches for which the 
certificate is issued, including the art of teaching and super- 
vising their particular specialty, and who have had three (3) 
years* experience as supervisor or teacher of their specialty. 

(4) A superintendent of schools' certificate, valid in all 
special school districts of the State for three years, renewable 
for three year periods on evidence of successful experience 
and professional spirit, and also valid as a high school princi- 
pal's certificate, and required in all special school districts, 
may be granted to persons who are graduates of a standard 
college or university, who have had in addition a year's gradu- 

71 



ate work at a standard university, including elementary school 
and high school methods, supervision and administration, and 
who have had three (3) years' experience as administrator, 
principal or teacher. 

(5) A high school principal's certificate, valid through- 
out the State for three years, renewable for three year pe- 
riods on evidence of successful experience and professional 
spirit, and required in all first class State aided high schools, 
may be granted to persons who are graduates of a standard 
college or university, who have had in addition a year's grad- 
uate work at a standard university, including high school 
methods, supervision, and administration, and who have had 
two (2) years' experience as principal or teacher. This cer- 
tificate is also valid in second class State aided high schools. 

(6) A high and elementary school principal's certificate 
valid throughout the State for three years, renewable for three 
year periods on evidence of successful experience and profes- 
sional spirit, and required in all State aided high schools of 
the second class and in all schools rated as high schools by the 
Commissioner of Education, may be granted to persons who 
are graduates of a standard college or university, who have 
had, as a part of their college or university course, work in 
the teaching of elementary school and high school subjects 
and in supervision and administration, and who have had one 
(1) year's experience as principal or teacher. This certificate 
is also valid in an elementary school, when such elementary 
school is in the same building as a second class State aided 
high school or school rated as a high school by the State Com- 
missioner of Education. 

(7) A high school teacher's certificate in the regular 
academic studies, valid throughout the State for three years, 
renewable for three year periods on evidence of successful ex- 
perience and professional spirit, and required in all State 
aided high schools and all schools rated as high schools by the 
State Commissioner oi Education, may be granted to persons 
who are graduates of a standard college or university, pro- 
vided that during their college course at least two high school 
branches were continuously pursued for two years, and that 
they have had work in the aims and methods of secondary 
education, and practice teaching of high school studies; pro- 
vided further that the State Commissioner of Education may 
in his discretion certificate persons possessing the foregoing 
qualifications to teach in the advanced grades of elementary 
schools. 

72 



(8) A high school teachers' certificate in the special 
tranches of music, manual or industrial training, household 
arts, fine and applied arts, commercial branches, physical 
training, agriculture, etc., valid throughout the State for 
three years renewable for three year periods on evidence of 
successful experience and professional spirit, and required 
in all State aided high schools and all schools rated as high 
schools by the State Commissioner of Education, may be 
granted to persons who have had four years' work of a col- 
lege grade, and who have specialized in the branch or 
branches for which the certificate is issued, including the 
art of teaching their particular specialty. 

(9) An elementary school principal's certificate, valid 
throughout the State for three years, renewable for three 
year periods on evidence of successful experience and profes- 
sional spirit, and required in all elementary schools having 
three or more teachers including the principal may be 
granted to persons who have completed a two year stand- 
ard normal school course, who have had in addition not 
less than a full half year's work at a recognized college or 
university in elementary school methods, supervision, and 
administration, and who have had three (3) years' teaching 
experience. Such a certificate may also be granted to per- 
sons having had equivalent academic and professional work 
in- a recognized college or university and who have had 
three (3) years' teaching experience. 

(10) An elementary school teacher's certificate of the 
first grade, valid for three years in the elementary schools 
of the State, required in the elementary schools of all spe- 
cial school districts, renewable for three year periods ou 
evidence of successful experience and professional spirit, 
may be issued to persons who have completed a two year 
professional elementary school course in a standard normal 
school, college or university. Provided also that an elemen- 
tary school teacher's certificate of the first grade, valid for 
three years in the kindergarten and first three primary 
grades of the elementary schools of the State, required in the 
elementary schools of all special school districts, and re- 
newable for three year periods on evidence of successful 
experience and professional spirit, may be granted to per- 
sons who have completed a two year professional course in 
kindergarten or in primary work in a standard normal school, 
college or university. Provided further that elementary 
school teachers' certificates of no other grade mav be issued 
after July 1, 1935. 

73 



(11) An elementary school teacher's certificate of the 
second grade, valid for two years in the elementary schools 
of the State, except in the elementary schools of special 
school districts, may be issued to graduates of high schools 
having a four year course, or the equivalent, on examination 
in reading, spelling, handwriting, arithmetic, oral and writ- 
ten English geography, history of the United States, and of 
Delaware community civics, elementary science, hygiene 
and sanitation, music, drawing, handwork, physical training, 
the theory and practice of teaching, and such other subjects 
as may be required by the State Board of Education. Pro- 
vided that no application shall be granted such a certificate 
who has not completed at least six weeks of professional 
preparation in a standard institution nor shall such certifi- 
cate be issued to any person under twenty (20) years of 
age. Provided further, that this certificate may be renewed 
for a period of two years on evidence of successful experi- 
ence and completion of not less than six weeks of additional 
academic and professional preparation in a standard insti- 
tution. This certificate may be renewed for a second time 
for a period of three years, next succeeding or otherwise, on 
evidence of successful experience and completion of not less 
than six additional weeks of academic and professional 
preparation in a standard institution, and so on for an in- 
definite number of three year periods, successive or other- 
wise, but this certificate may not be issued a second time to 
the same person on examination. Elementary school teach- 
ers' certificates of this grade n;iav not be issued after July 
1st, 1935. 



(12) An elementary school teacher's certificate of the 
third grade, valid for two years in the elementary schools of 
the State, except in the elementary schools of special school 
districts, may be issued to persons having had less than a 
four year high school course, on examination in reading, spell- 
ing, handwriting, arithmetic, oral and written English, geog- 
raphy, history of the United States and Delaware, community 
civics, elementary school science, hygiene and sanitation, phys- 
ical training, the theory and practice of teaching, and such 
other subjects as may be required by the State Board of Edu- 
cation. Provided that no applicant shall be granted such a 
certificate who has not completed at least six weeks of profes- 
sional preparation in a standard institution, nor shall such 
certificate be issued to any person under twenty (20) years of 
Lge. Provided, that this certificate may be renewed for one 

74 



year (hi presentation of evidence of successful experience and 
completion of not less than six weeks of additional academic 
and professional preparation in a standard institution. Pro- 
vided further, that this certificate may be renewed for a second 
time for a period of three years, next succeeding or otherwise, 
on evidence of successful experience and completion of an ad- 
ditional six weeks of academic and professional preparation 
in a standard institution, and so on for an indefinite number of 
three year periods, successive or otherwise; but this certificate 
may not be issued a second time to the same person on exam- 
ination. Elementary school teachers' certificates of this grade 
m.ay not be issued after July 1st, 1930. 

(13) County Superintendents of Schools may issue ele- 
nentary school teachers' certificates of the second and third 
grade, valid only in their respective counties and valid only 
r.ntil the next State examination. Such provisional certificates 
may not be renewed unless such renewal is approved by the 
State Commissioner of Education. Nor shall such provisional 
certificates be issued to persons under twenty (20) years of 
age. Provided further, that the State Board of Education in 
co-operation with the Federal Board for Vocational Educa- 
tion shall fix the standards for the certification of teachers in 
vocational schools or classes receiving Federal aid. 

2326-120. Section 172. Any County Board of Education 
or any Board of Education of a special school district may, 
on the recommendation of its respective Superintendent of 
Schools, suspend any teacher, principal, supervisor, or assist- 
ant superintendent, for immorality, misconduct in office, in- 
competency, or wailful neglect of duty, and may recommend 
to the State Commissioner of Education the revocation of the 
certificate of such person stating in waiting the grounds for 
such recommendations, and giving an opportunity, upon not 
less than ten days' notice, to be heard in defense, in person 
or by counsel, and the State Board of Education may order 
such investigations as it may deem necessary. If the State 
Board of Education approves the recommendation, the per- 
son's certificate shall be revoked and the person shall be drop- 
ped from the service. 

2326-121. Section 173. The State Commissioner of 
Education shall keep a full and complete record of the aca- 
demic preparation, the professional tiaining- and teaching ex- 
perience of each applicant to whom a certificate is issued. 

' 75 



He shall keep a complete record and file of all certificates 
issued and of all certificates in force. He shall make known 
to County Superintendents and to Superintendents of spe- 
cial school districts the names of teachers holding certificates 
who are unemployed, but seeking positions and no provi- 
sional certificate may be issued by a County Superintend- 
ent when it is possible to employ persons holding regularly 
issued certificates ; nor shall persons be employed in the ele- 
mentary schools of a county school system holding elemen- 
tary school teachers' certificates of the third grade when it 
is possible to employ persons holding elementary school 
teachers' certificates of the second grade ; nor shall persons 
be employed holding elementary school teachers' certificates 
of the second grade when it is possible to employ persons 
holding elementary school teachers' certificates of the first 
grade. 

2326-122 Section 174. Principals' and teachers' cer- 
tificates shall be of two classes: first class and second class. 
All principals' and teachers' certificates issued by the State 
Board of Education shall, when issued, be of the second class, 
and shall be subject to classification by County Superin- 
tendents and Superintendents of Schools of special school 
districts. The certificates of all principals and teachers em- 
ployed shall be respectively classified by County Superin- 
tendents and Superintendents of Schools of special school 
districts not less than once in two years. In determining 
the class of the certificate of a particular principal or teach- 
er, the following points are to be considered : (a) scholar- 
ship ; (b) executive ability; (c) personality; and (d) teach- 
ing power. County Superintendents and Superintendents of 
Schools of special school districts may add such other re- 
quirements as are approved by the State Commissioner of 
Education. County Superintendent of Schools and Super- 
intendents of Schools of special school districts shall keep 
a record of the kind, grade, and class of certificate held by 
each principal and teacher employed and on or before the 
first day of October each year shall submit to their respective 
Boards of Education a list of all principals and teachers em- 
ployed, together with the kind, grade, and class of their cer- 
tificates, and a copy of this report shall be transmitted to the 
State Commissioner of Education. 

ARTICLE 9. TEACHERS' SALARIES 

2326-123. Section 175. No teacher holding a provisional 
elementary school teacher's certificate of the third grade shall 

76 ^ 



be employed in any free public school of the State at an annual 
salary of less than four hundred dollars ($400) ; and no teach- 
er holding a provisional elementary school teacher's certificate 
of the second grade shall be employed in any free public school 
of the State at an annual salary of less than four hundred and 
fifty dollars ($450). 



2326-124. Section 176. No teacher holding on element- 
ary school teacher's certificate of the third grade as defined 
in Article 8 of this Chapter shall be employed in any free pub- 
lic school of the State at an annual salary of less than five 
hundred dollars ($500). Provided that if such teacher holding 
an elementary school teacher's certificate of the third grade, 
classified as first class, as provided for in Article 8 of this 
Chapter, has taught in the free public schools of the State 
two (2) full school years, such teacher shall thereafter receive 
an amiual salary of not less than six hundred dollars ($600) ; 
provided further "that if such teacher holding an elementary 
school teacher's certificate of the third grade, classified as first 
class, has taught in the free public schools of the State four 
(4) full school years, such teacher shall thereafter receive an 
annual salary of not less than seven hundred dollars ($700) ; 
and provided further "that if such teacher holding an elemen- 
tary school teacher's certificate of the third grade, classified as 
first class, has taught in the free public schools of the State six 
(6) full school years, such teacher shall thereafter receive an 
annual salary of not less than eight hundred dollars ($800). 



2326-125. Section 177. No teacher holding on elemen- 
tary school teacher's certificate of the second grade, as defined 
in Article 8 of this Chapter, shall be employed in any free pub- 
lic school of the State at an annual salary of less than six hun- 
dred dollars ($600). Provided that if such teacher holding an 
elementary school teacher's certificate of the second grade, 
classified as first class as provided for in Article 8 of this 
Chapter, has taught in the free public schools of the State 
two (2) full school years, such teacher shall thereafter receive 
an annual salary of not less than seven hundred dollars ($700) ; 
provided further "that if such teacher holding an elementary 
school teacher's certificate of the second grade classified as 
first class, has taught in the free public schools of the State 
four (4) full school years such teacher shall thereafter re- 
ceive an annual salary of not less than eight hundred dollars 
($800) ; and provided further that if such teacher holding 
an elementary school teacher's certificate of the second grade, 

77 



classified as first class, has taught in free public schools of the 
State six (6) full school years, such teacher shall thereafter 
receive an annual salary of not less than nine hundred dollars 
($900). 



2326-126. Section 178. No teacher holding an elemen- 
tary school teacher's certificate of the first grade, as defined in 
Article 8 of this Chapter, shall be employed in any free public 
school of the State at an annual salary of less than seven 
hundred and fifty dollars ($750). Provided that if such teacher 
holding an elementary school teacher's certificate of the first 
grade, classified as first class as provided for in Article 8 of 
this Chapter, has taught in the free public schools of the State 
two (2) full school years, such teacher shall thereafter receive 
an annual salary dl not less than eight hundred and fifty 
dollars ($850) ; provided further "that if such teacher holding 
an elementary school teacher's certificate of the first grade, 
classified as first class, has taught in free public schools 
of the State four (4) full school years, such teacher shall there- 
after receive an annual salary of not less than nine hundred 
and fifty dollars ($950) ; and provided further that if such 
teacher holding an elementary school teacher's certificate of 
the first grade, classified as first class, has taught in the free 
public schools of the State six (6) full school years, such 
teacher shall thereafter receive an annual salary of not less 
than one thousand and fifty dollars ($1,050). 



2326-127. Section 179. No principal holding an ele- 
mentary school principal's certificate as defined in Article 
8 of this Chapter, shall be employed as principal in any free 
public elementary school of the State having three or more 
teachers including the principal, at an annual salary of less 
than nine hundred and fifty dollars ($950). Provided that 
if such a principal holding an elementary school principal's 
certificate, classified as first class as provided for in Article 
8 of this Chapter, has served as principal of a free public ele- 
mentary school of the State having three or more teachers 
including the principal, two (2) full school years, such prin- 
cipal shall thereafter receive an annual salary of not less 
than one thousand and fifty dollars ($1,050) ; provided fur- 
ther that if such principal holding an elementary school 
principal's certificate, classified as first class, has served as 
principal of a free public elementary school of the State 
having three or more teachers including the principal four 
(4) full school years, such principal shall thereafter receive 

78 



an annual salary of not less than eleven hundred and fifty 
dollars ($1150) ; and provided further that if such principal 
holding an elementary school principal's certificate, classi- 
fied as first class, has served as principal of a free public ele- 
mentary school of the State having three or more teachers 
including the principal six (6) full school years, such princi- 
pal shall thereafter receive an annual salary of not less than 
twelve hundred and fifty dollars ($1250). 

2326-128. Section 180. No teacher holding a high 
school teacher's certificate as defined in Article 8 of this 
Chapter, shall be employed in any free public high school 
of the State at an annual salary of less than eight hundred 
dollars ($800). Provided that if such teacher holding a high 
school teacher's certificate, classified as first class as provided 
for in Article 8 of this Chapter, has taught in a free public 
high school of the State two (2) full school years, such teach- 
er shall thereafter receive an annual salary of not less than 
one thousand dollars ($1000) ; provided further that if such 
teacher holding a high school teacher's certificate, classified 
as first class, has taught in a free public high school of the 
State four (4) full school years, such teacher shall there- 
after receive an annual salary of not less than twelve hun- 
dred dollars ($1200) ; and provided further that if such teach- 
er holding a high school teacher's certificate, classified as 
first class, has taught in a free public high school of the State 
six. (6) full school years, such teacher shall thereafter re- 
ceive an annual salary of not less than fourteen hundred dol- 
lars ($1-100). 

2326-129. Section 181. No principal holding a high 
and elementary school principal's certificate as defined in Ar- 
ticle 8 of this Chapter shall be employed in any free public 
high and elementary school of the State at an annual salary 
of less than one thousand dollars ($1000). Provided that if 
such principal holding a high and elementary school princi- 
pal's certificate, classified as first class as provided for in Ar- 
tible 8 of this Chapter, has served as principal of a free pub- 
lic high and elementary school of the State two (2) full 
school years, such principal shall therafter receive an an- 
nual salary of not less than twelve hundred dollars ($1200) ; 
provided further that if such principal holding a high and 
elementary school principal's certificate, classified as first 
class, has served as principal of a free public high and ele- 
mentary school of the State four (4) full school years, such 
principal shall thereafter receive an annual salary of not less 

79 



than fourteen hundred dollars ($1400) ; and provided fur- 
ther that if such principal holding a high and elementary 
school principal's certificate, classified as first class, has served 
as principal of a free public high and elementary school of 
the State six (6) full'school years, such principal shall there 
after receive an annual salary of not less than sixteen hundred 
dollars ($1600). 

2326-130. Section 182. No principal holding a high 
school principal's certificate as defined in Article 8 of this 
Chapter shall be employed in any free public high school of 
the first class of the State at an annual salary of less than 
twelve hundred dollars ($1200). Provided that if such prin- 
cipal holding a high school principal's certificate, classified as 
first class as provided for in Article 8 of this Chapter, has 
served as principal of a free public high school of the first 
class of the State two (2) full school years, such principal 
shall therafter receive an annual salary of not less than four- 
teen hundred dollars ($1400) ; provided further that if such 
principal holding a high school principal's certificate, classi- 
fied as first class, has served as principal of a free public high 
school of the first class of the State four (4) full school years, 
such principal shall thereafter receive an annual salary of not 
less than sixteen hundred dollars ($1600) ; and provided fur- 
ther that if such principal holding a high school principal's 
certificate, classified as first class, has served as principal of a 
free public high school of the first class of the State six (6) 
full school years, such principal shall thereafter receive an 
annual salary of not less than eighteen hundred dollars 
($1800). 

2326-131. Section 183. No superintendent of schools 
holding a superintendent of schools' certificate as defined in 
Article 8 of this Chapter shall be employed as superintendent 
of the free public schools of any special school district of the 
State at an annual salary of less than sixteen hundred dollars 
($1600). Provided that if such superintendent of schools 
holding a superintendent of schools' certificate has served 
as superintendent of the free public schools of any special 
school district of the State two (2) full school years, such 
superintendent of schools shall thereafter receive an annual 
salary of not less than eighteen hundred dollars ($1800) ; pro- 
vided further that if such superintendent of schools holding 
a superintendent of Schools' certificate has served as super- 
intendent of the free public schools of any special school dis- 

80 



trict of the State four (4) full school years, such superintend- 
ent of schools shall thereafter receive an annual salary of not 
less than two thousand dollars ($2000) ; provided further that 
if sirch superintendent of schools holding- a superintendent of 
schools' certificate has served as superintendent of the free 
public schools of any special school district of the State six 
(6) full school years, such superintendent of schools shall 
thereafter receive an annual salary of not less than twenty- 
two hundred dollars ($2200). 



2326-132. Section 184. Any County Board of Education 
or any Board of Education of a special school district may pay 
higher salaries than are prescribed in the scale of salaries pro- 
vided for in this Article, but no County Board of Education or 
Board of Education of a special school district may pay lower 
salaries than are provided for in this Article ; and the salary of 
no superintendent of schools, principal, or teacher employed at 
the time this Article goes into effect shall be diminished by 
reason of the provisions of this Article, but every superintend- 
ent of schools, principal, and teacher shall be entitled to any 
increase in salary, beginning with the school year 1919-1920 
that may herein be granted when this Article goes into effect ; 
provided that the length of service required to give additional 
salary, as provided in this Article, shall be reckoned from the 
date of the approval of this Act. 



2326-133. Section 185. Every County Board of Edu- 
cation and every Board of Education of a special school dis 
trict is authorized, empowered, directed, and required to pro- 
vide in its respective annual school budget funds to meet the 
scale oi salaries provided for in this Article. 



2326-134. Sections 186. The salaries of county super- 
intendent of schools, supervisors, attendance officers, super- 
intendents of schools, principals, teachers, and of all other 
regular employees of County Boards of Education and of 
Boards of Education of special school districts shall be paid 
monthly on or before the tenth (10th) day of each calendar 
month succeeding that for which the salary is due, but no 
person shall be entitled to receive payment for service un- 
less all required current records are accurately and correct- 
ly kept and all required reports are made and submitted. 

81 



ARTICLE 10. SCHOOL ATTENDANCE. 

2326-135. Section 187. Every parent, guardian or other 
person in this State having control of a child between the 
ages of seven and fourteen is required to and shall send such 
child to a free public school during the entire period of each 
year the free public schools of the county or the special 
school district in which said child resides are in session, un- 
less it can be shown to the satisfaction, and witnessed by 
written endorsement, of the respective County Superintendent 
of Schools or to the respective Superintendent of Schools 
of the given special school district that such child is else- 
where receiving regular and thorough instruction during 
such period in the studies taught in the free public schools 
of the State to children of the same age and stage of advance- 
ment. Provided that the County Superintendents of Schools 
and the Superintendents of Schools of special school dis- 
tricts, or persons duly authorized by such Superintendents 
of Schools, may excuse, subject to the rules and regulations 
of the State Board of Education, cases of necessary and le- 
gal absence of pupils enrolled in the public schools. Pro- 
vided further that the provisions of this Section shall not 
apply to children whose mental or physical condition, as at- 
tested by a physician's certificate, is such as to render the in- 
struction above described inexpedient or impracticable. And 
provided further that private teachers in families, and prm- 
cipals and teachers in private schools and educational in- 
stitutions, whose instruction in lieu of public school attend- 
ance has the written endorsement of the respective County 
Superintendent of Schools or of the Superintendent of 
Schools of the given special school district, may excuse, sub- 
ject to the rules and regulations of the State Board of Edu- 
cation, cases of necessary and legal absence of pupils from 
school work, but such private teachers and such principals 
and teachers in private schools and educational institutions 
shall make, to the respective County Superintendent of 
Schools or respective Superintendent of Schools of the given 
special school district, all reports on the attendance of chil- 
dren in their charge and under their instruction as may be 
required by the State Board of Education. 



2326-136. Section 188. Every person, guardian, or other 
person in this State having control of a child fourteen years 
of age or fifteen years of age or sixteen years of age, who has 
not completed the work of the eighth grade of the free pub- 

82 



lie schools, is required to and shall send such child to the free 
public schools of the county or special school district in which 
the child resides, not less than one hundred (100) days, as 
nearly consecutive as possible, beginning not later than No- 
vember first, during the period of each year the free public 
school of the respective county or special school district are 
in session ; and such child shall be sent to school the entire 
period of each year, the free public schools of the respective 
county or special school district are in session if not regu- 
larly or legally employed to labor at home or elsewhere, un- 
less it can be shown to the satisfaction, and witnessed by 
written endorsement, of the County Superintendent or 
Schools or of the respective Superintendent of Schools of 
the given special school district that such child is else- 
where receiving regular and thorough instruction during 
such period in the studies taught in the free public schools 
of the State to children of the same age and stage of ad- 
vancement. Provided that the provisions of this Section shall 
not apply to children whose mental or physical condition, 
as attested by a physician's certificate, is such as to render 
the instruction above described inexpedient or impracticable. 
Provided further that private teachers, principals and teach- 
ers in private schools and educational institutions shall make, 
to the respective County Superintendent of Schools or Super- 
intendent of Schools of the given special school district, all 
reports on the attendance of such children in their charg-e 
and under their instruction as may be required by the State 
Board of Education. 



2326-137, Section 189, 'For every neglect of duty im- 
posed by Sections 187 and 188 of this Article on parents, 
guardians, or other persons, the parents, guardians, or other 
persons offending shall be guilty of a misdemeanor, and shall 
upon conviction thereof forfeit a fine of not less than five 
dollars ($5) or more than twenty-five dollars ($25) on first 
conviction, and a fine of not less than twenty-five dollars 
($25) or more than fifty dollars ($50) for each subsequent 
conviction, and in default of payment of said fine, the defend- 
ant may be committed to the county prison for a period not 
exceeding two (2) days for the first conviction, and for a 
period not exceeding five (5) days for each subsequent con- 
viction. Provided, however, that before such action shall be 
brought for any of the aforesaid penalties, the parent, guar- 
dian, or other person liable therefor, shall be notified in v/rit- 
ing by the County Superintendent of Schools or by the Super- 

83 



intendent of Schools of the special district, according to the 
residence of the offending person, of such liability, and shall 
have opportunity, by compliance with the requirement of this 
Article within three school days then and thereafter to avoid 
the imposition of (such) penalty. The mailing of such notice 
to the usual address of offending party shall be deemed suf- 
ficient under this Article. But after such notice has been 
given, if the same child is absent from school three days or 
their equivalent in time during the remaining period of com- 
pulsory attendance, without excuse provided for by Section 
187 of this x\rticle, the parent, guardian, or person in parental 
relation, shall be liable to prosecution under this Article with- 
out further notice. 

2326-138. Section 1.90. The fines provided for by this 
Article, shall, when collected, be paid over by the officers 
collecting the same, to the Treasurer of the County Board of 
Education or of the Board of Education, of the special school 
district, according to the residence of the person convicted, 
to be accounted for by such Treasurer as other moneys raised 
for school purposes ; such fines shall be collected by a process 
of law similar to the collection of other fines. 

2326-139. Section 191. It shall be the duty of attend- 
ance officers to apprehend or arrest without warrant truants 
and those who fail to attend school in accordance with the 
provisions of Sections 187 and 188 of this Article. When an 
attendance officer apprehends or arrests a truant or other 
person, as herein set forth, he shall have power immediatel} 
to place him or her in the free- public schools in which he or 
she is or should be enrolled ; or to place such child, at the 
expense of the parent, guardian, or person in parental rela- 
tion, under such private person, or in such private school or 
educational institution, as is provided for in Section 187 of 
this Article, when so requested. 

2326-140. Section 192. The Board of Education of any 
count}^ on the recommendation of the County Superinten- 
dent of Schools, and the Board of Education of any special 
school district, on the recommendation of its respective Su- 
perintendent of Schools, (either separately or jointly), may 
establish special schools for children who are habitual 
truants or who are insubordinate or disorderly during their 
attendance upon instruction in the free public schools, and 
may provide for the proper care, maintenance and instruc- 
tion of such children in such schools and for such period ot 

84 



time as the respective Board, on the recommendation of its 
respective Superintendent of Schools, may prescribe. But 
before the pupil shall be placed in such special school, the 
parent, guardian, or person in parental relation shall have 
opportunity to be heard. 



2326-141. Section 193. All truancy and incorrigibility 
shall be deemed disorderly conduct, and in case no special 
school, as herein prescribed, has been established, the County 
Superintendent of Schools and the Superintendents of 
Schools of special school districts shall proceed against such 
truant or incorrigible pupil as a disorderly person, and upon 
conviction the pupil may be sentenced for a definite time to 
the Ferris Industrial School for Boys or Delaware Industrial 
School for Girls. The State Treasurer shall pay to the auth- 
orities of the said school the sum of fifty cents (50c) per day, 
from money not otherwise appropriated, for each day such 
pupil is confined in said institution. 



2326-142. Section 194. County Superintendents of 
Schools and Superintendents of Schools in special school dis- 
trict, or persons designated by such superintendents, shall is- 
sue employment certificates, permits and badges, and the prin- 
cipal or the head teacher of the several free public schools, and 
private teachers and the principal or head teacher of private 
schools or educational institutions provided for in Section 187 
of this Article shall make out and sign such records as are re- 
quired by the laws regulating child labor as provided by Ar- 
ticle 3 of Chapter Ninety, of the Revised Code. 



ARTICLE 11. IMPORTATION OF DEPENDENT 
CHILDREN 

2326-143. Section 195. It shall be unlawful for any per- 
son, association, or corporation to bring or send, or cause to 
be brought or sent, into the State of Delaware, any depen- 
dent child, for the purpose of placing such child in any home 
in this State, or for the purpose of procuring the placing of 
such child in any home by indenture, adoption or otherwise, 
without first obtaining the written consent of the State Com- 
missioner of Education, and giving bond, as hereinafter pro- 
vided. 

85 



2326-1-14. Section 196. Before any child shall be brought 
into this State for any of the purposes provided in Section 195 
of this Article, the person, association, or corporation desiring 
to bring or send any such child into this State, shall execute 
a bond to the State of Delaware in the penal sum of Three 
thousand dollars ($3000) to be approved by the State Com- 
missioner of Education and to be with surety, if the said State 
Commissioner of Education shall so require. The condition 
of said bond shall be substantially that such person, associa- 
tion or corporation shall not bring or send, or cause to be 
brought or sent, into this State any child that is incorrigible, 
that is of unsound mind or body, or that is feeble-minded : that 
such person, association or corporation shall at once, upon 
the placing of any child, report to the State Commissioner oi 
Education the name and age of such child; and the name and 
residence of the person with whom placed ; that if any such 
child shall become a public charge before reaching the age of 
twenty-one years, such person, association or corporation shall 
within thirty days after written notice given by the State Com- 
missioner of Education, remove such child from the St;ite ; 
that if within three years from the time of its arrival in the 
State, any such child shall be convicted of crime, or misde- 
meanor, and be imprisoned, that such person, association, ov 
corporation shall remove any such child from the State im- 
mediately upon its being released from imprisonment, and, up- 
on failure to remove any such child, after thirty days' no. ice 
and demand so to do, or to remove any child that has been 
convicted as aforesaid, such person association or corporation 
shall, at once, pay to the county, or municipality, wherein the 
expense was incurred in behalf of such child, such sum as the 
s-aid county, or municipality, shall have expended in the care, 
maintenance, or prosecution of such child ; that, in placing any 
child, such person, association, or corporation shall and will 
enter into contract with the person, with whom placed, requir- 
ing that such child shall receive a proper home and suitable 
care, training and education ; that such person, association, or 
corporation shall properly supervise the care and training of 
every such child, and that every such child shall be visited, at 
least once a year, by a responsible agent or representative of 
the person, association or corporation placing the child: and 
that such reports shall be made to the State Commissioner of 
Education as the State Board of Education may from time to 
time require. 



2326-145. Section 19]. The State Board of Education 



shall have general supervision in relation to the importation, 
placing-, removal and supervision of all children placed undei 
the provisions of this Article, and shall make such rules and 
regulations in relation thereto, and in relation to the rejection 
of incorrigible, unsound or feeble-minded children, and to the 
removal of children who have been convicted of crime, or who 
have become a public charge, as the State Board of Educa- 
tion may deem necessary and proper, not inconsistent with the 
provisions of this Article. 

2326-146. Section 198. Any person, association, or 
corporation, or any officer, agent or employee thereof, who 
shall violate any of the provisions of this Article, shall be 
guilty of a misdemeanor, and, upon conviction, shall be finea 
not less than Fifty dollars ($50) or more than One hundred 
dollars ($100). 



ARTICLE 12. HIGH SCHOOLS 

2326-147. Section 199. For the encouragement of high 
school education in Delaware, the State shall extend aid to 
such classes or groups of high schools, in such amounts, in 
such manner, and on such conditions as hereinafter desig- 
nated and described. All high schools of the State of Dela- 
ware receiving State aid shall be arranged by the State 
Commissioner of Education, subject to the provisions of 
this Article and the rules and regulations of the State Board 
of Education, as first class or first group high schools, and 
as second class or second group high schools. 

First class or first group high schools shall meet and 
continue to fulfill the following minimum conditions and 
such other conditions as may be prescribed by the State 
Board of Education: (1) Each such high school shall be in 
session not less than one hundred and eighty (180) days 
each school year and give not less than four (4) years of 
high school instruction. (2) There shall be over each such 
high school a principal giving not less than one-fourth of his 
time to high school supervision ; such principal may either 
be the Superintendent of Schools, holding a superintendent 
of schools' certificate as defined in Article 8 of this Chapter, 
or a principal holding a high school principal's certificate as 
defined in Article 8 of this Chapter. (3) There shall be em- 
ployed in each such high school at least three (3) teachers, 

87 



or the equivalent in time, of the usual high school studies, 
exclusive of science, each holding a high school teacher's 
certificate as defined in Article 8 of this Chapter. (4) There 
shall be employed in each such high school at least the fol- 
lowing special high school teachers, each holding a high 
school teacher's certificate as defined in Article 8 of this 
Chapter : (a) a teacher of the industrial and the applied arts 
for boys, (b) a teacher of the household and applied arts 
for girls, and (c) a teacher of science and agriculture ; such 
special high school teachers shall give to daily instruction 
such time as shall be determined by the rules and regulations 
of the State Board of Education. And (5) there may be em- 
ployed in each such high school '(a) on part or full time, a 
teacher of the commercial branches, (b) on part or full time, 
a teacher of music, (c) on part or full time, a teacher of 
physical training, and (d) on part or full time, such other 
teachers, each holding high school teachers' certificates as 
defined in Article 8 of this Chapter, as the respective Board 
of Education, on the recommendation of its Superintendent 
of Schools and subject to the approval of the State Commis- 
sioner of Education, may deem necessary to meet the high 
school needs of the community. 

Second class or second group high schools shall meet 
and continue to meet the following minimun conditions and 
such other conditions as may ' be prescribed by the State 
Board of Education: (1) Each such high school shall be in 
session not less than one hundred and eighty (180) days in 
each school year and give not less than two (2) or more 
than three (3) years of high school instruction. (2) There 
shall be over each such high school a principal holding a high 
and elementary school principal's certificate as defined in 
Article 8 of this Chapter and giving not less than one fourth 
of his time to high school supervision. (3) There shall be 
employed in each such high school at least two (2) teach- 
ers, or the equivalent in time, of the usual high school 
studies, exclusive of science, each holding a high school 
ttacher's certificate as defind in Articles 8 of this Chapter. 
(4) There shall be employed in each such high school ai 
least the following special high school teachers, each holding 
a high school teacher's certificate as defined in Article 8 of 
this Chapter: (a) a teacher of the industrial and applied arts 
for boys, (b) a teacher of the household and applied arts for 
girls, and (c) a teacher of science and agriculture ; such spe- 
cial high school teachers shall give to daily instruction such 
time as shall be determined by the rules and regulations of 

88 



the State Board of Education. And (5) there may be em- 
ployed in each such high school (a) on part or full tmie, a 
teacher of the commercial branches, (b) on part or full time 
a teacher of music, (c) on part or full time, a teacher of 
physical training, and (d) on part or full time such other 
teachers, each holding a high school teacher's certificate as 
defined in Article 8 of this Chapter, as the respective Board 
of Education, on the recommendation of the Superintend- 
ent of Schools and subject to the approval of the State 
Commissioner of Education, may deem necessary to meet 
th^high school needs of the community. 



2326-148. Section 200. It shall be the duty of the State 
Commissioner of Education or an assistant designated b}^ him 
to make an annual inspection of all high schools receiving 
State aid, and also such other schools as make application, 
through their respective Boards of Education, to receive said 
State aid. The State Commissioner of Education shall, on or 
before the fifteenth day of September of each year, prepare a 
list of high schools and submit the names for approval ana 
adoption by the State Board of Education, designating the 
group to which each belongs, the amount of said State aid 
to which each is entitled and to whom the same shall be paid. 
The preparation of this list shall be based on information ob- 
tained through inspection, supervision, written reports of the 
principal or Superintendent of Schools or other reliable 
sources. He shall certify this list as approved and adopted by 
the State Board of Education to the State Treasurer, on or 
before the fifteenth day of September of each year, and the 
State Treasurer shall pay said amounts as certified above, on 
or before October the first of each year, to the Treasurers of 
the respective Boards of Education. Provided that not more 
than one high school for white children and not more than 
one high school for colored children in the same city or town 
shall be granted State aid, unless each additional high school 
for white children and each additional high school for colored 
children shall respectively have an average daily attendance in 
excess of two hundred (200) pupils. 

2326-149. Section 201. Each first class high school or 
high school of the first group in the State shall receive State 
aid up to one half of the total amount paid locally for high 
school teachers' salaries, including one-fourth of the salary 
of the principal or of the Superintendent of Schools serving 
as principal, provided that the State aid to any such high 

89 



school shall not exceed twenty-four hundred dollars ($2400) 
in any one school year. Each second class high school or high 
school of the second group in the State shall receive State aid 
up to one half of the total amount paid locally for high school 
teachers' salaries, including one-fourth of the salary of the 
principal, provided that the State aid to any such high school 
shall not exceed sixteen hundred dollars ($]600) in any one 
school year. Provided further that such State aid shall be in 
addition to any aid that such high schools may receive by 
reason of the provisions of the Smith-Hughes A'ocational 
Education Act. ^ 

2326-150. Section 202. Boards of Education of special 
schools districts shall admit to the high schools under their 
respective jurisdiction pupils from the county systems of 
schools, on the conditions and at the tuition rate prescribed 
by the State Board of Education. 

2326-151. Section 203. All certificates or diplomas 

issued to students having completed a course of study in a 
State aided high school shall show the group to which said 
high school belongs, the course taken by the student, and the 
number of years of instruction given ; and the graduates of 
any State aided high school providing four years of instruc- 
tion shall be admitted without examination to the freshman 
c-ass of any college of Delaware receiving financial aid from 
the State. 

2326-152. Section 204. The State Board of Education 
subject to the provisions of this Article shall prepare courses 
of study to be used by the respective groups of high schools 
described in this Article, and shall make rules and regulations 
for their government. 

ARTICLE 13. TRUSTEE OF SCHOOL FUND 

2326-153. Section 205. The State Treasurer shall be 
Trustee of the School Fund, with power to receive, sue for 
and recover any money, or property bequeated, given or be- 
longing to said fund, except stock of the Farmers Bank ; to 
vote as holder of any stock belonging to said fund ; to lease 
any real estate devised, given, or belonging thereto, for terms 
not exceeding three (3) years, and to distrain for and collect 
the rents thereon accruing, and to improve and manage such 
estate, as may be proper. 

90 



2326-lo4. Section 206. All moneys or property given, 
appropriated, or in said fund, are appropriated and dedicated 
to the purpose of free public education in the State of Dela- 
ware. The public faith is solemnly pledged for the faithful 
appropriation of all bequests, or gifts, to said fund toward the* 
establishment and support of free public schools. The princi- 
pal of said fund is inviolable, only the current income there- 
from may be used, and no part of the income of said fund may 
be applied to any college or university. 

2326-155. Section 20T. The income of the School Fund 
shall be apportioned annually to the support of free pub- 
lic schools according to the provision of Section 213 of Ar- 
ticle 14 of this Chapter. 

2326-156. Section 208. The Auditor of Accounts shall 
each year as soon as possible after July first audit the in- 
vestments, the business and financial transactions, and the 
records and the accounts of the Trustee of the School Fund. 
The Trustee of the School Fund shall publish the results of 
such audit, and shall also mention the name of any person 
who has made within the last year a gift, to said fund, with 
the amount, or value thereof. 



ARTICLE 14. STATE SUPPORT AND DISTRIBU- 
TION OF STATE SUPPORT 

2326-157. Section 209. The State Treasurer shall 
charge against and pay as hereinbefore or hereinafter pro- 
vided the annual appropriation made by the General Assem- 
bly for the support of the State Department of Education, 
including the expenses of the State Board of Education, and 
the support and expenses of the office of the State Commis- 
sioner of Education ; the annual appropriation for the pay- 
m.ent of teachers' expenses for summer school attendance ; 
the annual appropriation for the encouragement of the con- 
solidation of schools ; the annual appropriation to meet the 
jjrovisions of the Smith-Hughes Vocational Education Act, 
the annual appropriation for the pa3mient of the salaries of 
county superintendents, county supervisors and county at- 
tendance officers ; the annual appropriation for State aid to 
approved high schools ; the annual appropriation for State 
eAd to elementary schools; and such other appropriations as 
may be made for the support and encouragement of the free 
public schools of the State. 

91 



2326-158. Section 210. Such appropriations as are 
made by the General Assembly for the payment of the ex- 
penses of the State Board of Education and for the support 
and expenses of the office of the State Commissioner of Edu- 
cation, also the appropriation for the payment of teachers' 
expenses for summer school attendance, the appropriation 
for the encouragement of the consolidation of schools, the 
appropriation for the payment by the State of the salaries 
of County Superintendents of Schools, of county supervi- 
sors, and of county attendance officers, and the appropriation 
to meet the provisions of the Smith-Hughes Vocational Ed- 
ucation Act and such money as is received from the Fed- 
eral Government by reason of the provisions of the Smith- 
Hughes Vocational Education Act, shall be paid by the State 
Treasurer on the second Tuesday of January of each year, 
or as soon thereafter as possible, to the Treasurer of the 
State Board of Education, and the Treasurer of the State 
Board of Education shall pay out such funds only on orders 
signed by the President and the Secretary of the State Board 
of Education. _ 

2326-159. Section 211. The State Treasurer shall pay 
such amounts as are due to the Treasurers of the respective 
County Boards of Education, and of the respective Boards 
of Education of special school districts, on account of the 
appropriation for State aid to approved high schools, as is 
provided for in Section 200 of Article 12 of this Chapter. 

2326-160. Section 212. State aid to elementary schools 
shall include the entire income from the School Fund, the en- 
tire income from the Income Tax as provided for in Chapter 
8 of Volume XXIX of the Laws of Delaware, and such addi- 
tional appropriation as the General Assembly may make for 
State aid to elementary schools. 

2326-161. Section 213. The State Board of Education 
shall, on or before the fifteenth day of September in each year, 
beg-inning with the year 1919, certify to the trustee of the 
school fund every school district in this State in which ar(y 
maintained free public schools adequate for the children of 
school age in such district, and conforming to the standards, 
rules and regulations prescribed by the said State Board of 
Education under the provisions of this Act. The State Treas- 
urer shall apportion on or before the last day of September, in 
his capacity as Trustee of the Schools Fund and Treasurer of 

92 



the State, the entire above mentioned amounts among all the 
school districts of this State (including all special school dis- 
tricts then in being) certified to him by the State Board of 
Education, as aforesaid. The entire above mentioned amounts 
shall be apportioned on the basis of the total elementary 
school enrollment during the preceding school year, as certi- 
fied to each year on or before the fifteenth day of September 
by the State Commissioner of Education. Provided that 
neither the enrollment nor the attendance of pupils in high 
schools shall be taken into account in making this apportion- 
ment. On or before the first day of October of each year, the 
State Treasurer, in his capacity as Trustee of the School 
Fund and Treasurer of the State, shall pay in the above pro- 
portions the amounts due from, State aid to elementary 
schools to the respective Treasurers of all school districts 
in this State (including special school districts then in be- 
ing) certified to him by the State Board of Education as here 
inbefore in this Section provided, and he shall report to the 
State Commissioner of Education the amounts paid to each 
of the respective Treasurers. 



MISCELLANEOUS 

2326-162. Section 214. County Superintendents of 
Schools and superintendents of Schools of special school dis- 
tricts in which deaf and dumb pupils reside, who receive oral 
instruction by a private tutor, shall see that appropriations 
for that purpose are so expended. 

2326-163. Section 215. Unclaimed proceeds of sale of 
strays and fines imposed by virtue of stray laws shall be paid 
to the Treasurer of the respective County Boards of Educa- 
tion and Boards of Education of the respective special school 
district, instead of as provided for in Chapter One Hundred 
and Four of the Revised Code. 

2326-164. Section 216. That all Acts and all parts of 
Acts inconsistent with the provisions of this Act, be and the 
same are hereby repealed to the extent of such inconsistency. 



Approved April 14, A. D. 1919. 



93 



INDEX 



Page Sec. 
ACCEPTANCE OF ACT, extension of time limit; method 

defined 25-26 67 

ACCOUNTS, how audited 59 133 

ACTS INCONSISTENT WITH LAW, the repeal of 93 216 

Additional assistants, how secured 44 112 

ADDITIONAL DUTIES, the assignment of 

Boards of Education 59 136 

County Boards of Education 36 89 

Co-mty Superintendent of Schools 44 114 

S-: -te Board of Education 13 20 

State Commissioner of Education 20 59 

Superintendent of Schools 65 157 

ADMISSION OF PUPILS, from outside districts 

Elementary grades, rules governing 39 96 

Elementary grades, rules formulating conditions of.. 31 74 

High School, rules governing 39 97 

High School, formulating conditions of 31 75 

Special Districts, rules governing 8 16 

ADOPTION OF CHILDREN, first requirement 85 195 

ANNUAL REPORT (addressed to people of county) the 

preparation of 42 111 

APPLICATIONS FOR STATE AID (county), recommenda- 
tions concerning; report on; the examination of ....18 47 

APPROPRIATIONS, when paid 92 210 

ARCHITECTS 

Boards of Education, employment of by 53 125 

County Boards of Education, employment of by. .. .28 72 
County Superintendent of Schools, recommendation 

for employment by 39 95 

Superintendent of Schools, recommendation for em- 
ployment by 62 143 

ATTENDANCE DISTRICTS, the establishment of 27 71 

ATTENDANCE LAWS, enforcement of 

By County Superintendent of Schools 42 110 

By Superintendent of Schools 64 154 

ATTENDANCE OFFICER, appointment, compensation, 

duties of 43 112 

ATTENDANCE REPORTS, to whom submitted 51 122 

BEQUESTS 25 66-67 

BOARD OF EDUCATION, See State Board of Education 

95 



BOARDS OF EDUCATION 

Page Sec. 

Accounts, how audited; reports, the publication of.... 59 133 

Additional duties, how assigned 59 136 

Attendance officers, rules concerning; requirements con- 
cerning Wilmington; report, to whom submitted. .51 122 

Bonds, by whom signed; exempt from taxation; how de- 
nominated; provision for payment of; rate of in- 

interest limited; selling price of ; where payable 55 125 

Borrowing power limited 59 132 

Budget, items included in 57 131 

Colored Schools, the maintenance of 52 124 

Condemnation proceedings, power to institute, size of 

plot limited 53 125 

Contracts, teachers', when effective 56 128 

Dismissal of teachers, charges for, how stated; hearing 

guarantee; right of appeal provided 56 128 

Donations, power to receive 53 125 

Duties 

Architects, the employment of 53 125 

Bonds, determining the form of 55 125 

the issuing of 54 125 

Budget, the preparation of 57 131 

Buildings, making adequate provision for; main- 
taining standard of 52 125 

Courses of study, the distribution of; the prescrib- 
ing of 55-56 127 

Educational policies, the prescribing of 52 124 

Forms and Blanks, the supplying of 57 130 

Funds, the borrowing of 59 132 

the provision of 57 131 

Office quarters and clerical supplies, the providing 

of 65 156-A 

Report to the people of district, the publication of. 59 135 

Reports to State Boards, method and time specified 59 134 

School buildings, the management of 52 125 

School property, the buying and selling of 52 125 

Schools, 

Control and supervision of ! ... 52 123 

Maintenance for white and colored 52 124 

Promoting the interests of 52 123 

Rules and regulations for conduct, the deter- 
mination of 52 124 

The grading and standardization of 55 126 

Secretary, the appointment of 47 117 

Supplies, the purchase and distribution of ..56 129 

Teachers and employees, the appointment; dismissal 

of 56 128 

Text Books, purchase and distribution of ....56 129 

Election, first after adoption of law explained; how con- 
ducted; officers of, designated; qualifications of 

voters; certification and counting vote; when held 45 115 

96 



Page Sec. 

Free schools, administration and supervision of... 44 115 

Funds, borrowed, how paid 59 132 

Funds from bonds, their use defined 54 125 

General administration of schools 44 115 

Gifts, their exemption from taxes 48 120 

Medical inspectors and nurses, the employment of .51 122-5 
Meetings, annual, when and where held; other reg- 
ular and special 47 116 

Members 

Compensation prohibited 47 116 

Eligibility for re-election 46 115 

How first chosen, how subsequently chosen. . . .46 115 

Number on board 45 115 

Officers of Board, election of 47 116 

Qualifications 46 115 

Resolutions, how adopted 47 116 

Rules for government 47 116 

Term, length of 47 115 

Vacancies 46 115 

Misdemeanor (voter's) defined; punishment of.... 45 115 

Moneys 

By whom paid 48 118 

How borrowed 59 132 

How paid 48 118 

Where deposited 48 118 

New District Boards, how chosen 48 117 

Office, where located 47 116 

Powers, general, defined 48 119 

Present Boards, continuance of made possible, when 

term expires 46 115 

Principals and supervisors, the employment of 51 122 

Professional assistance, power to provide 52 122-8 

Property, title to 53 125 

Provisions of Act, method of adoption 49 121 

Report to people, what it includes 59 135 

School attendance, laws for the enforcement of 51 122-5 

School property, the management of 48 120 

Seal, power to adopt 55 125 

Secretary and executive officer, how chosen; duties de- 
fined 47 117 

Secretary pro tem., provision for 48 117 

Special districts 

Additional requirements, how imposed 52 122-9 

Admission of children from county system 50 122-2 

Condition required of 50 122-2 

How created 49 121 

Rules for governing 50 122 

Schools, where now located 49 121 

97 



Page Sec. 

Standards required for 50 122 

Term, length of, regulated 50 122 

Text books, the provision of 50 122 

Superintendent of schools, qualifications of; salary of; 

time required for supervision 50 122 

Taxation, rules regulating 58 131 

Teachers (elementary), qualifications required; mini- 
mum prescribed 51 122-7 

Teachers (high school), qualifications of; minimum 

salary prescribed 51 122-6 

Term, length of first after election 47 115 

Term of office 46 115 

Text book, free use guaranteed; when change permis- 
sible 56 129 

Treasurer of Board, duties defined 48 118 

BOARDS OF SCHOOL TRUSTEES 

Damage to school houses, by whom repaired 69 168 

Destruction of property, punishment defined 68 163 

Duties 

Fines, the receiving of 68 163 

General Policy, discussion of with teacher 68 166 

Janitor, employment of 68 164 

Plans for repairs, the submission of to County 

Boards 67 161 

School houses, granting permission for use of . . . .69 168 
School property, consideration of the need of; re- 
porting condition of to County Board 67 162 

School property, the care of 67 161 

Schools as Community Center, definite steps toward 

making 68 166 

Schools, the visiting of 68 167 

Teachers, concerning the removal of 68 168 

Election of members, how conducted 66 158 

Meetings 

Rules governing 66 159 

School houses, when available 69 168 

To consider budget 67 162 

Time, when held 66 159 

Members 

Hearing of, provision for 66 158 

How chosen 65 158 

How chosen previous to 1920 65 158 

Nomination for election, how made .66 158 

Number of 65 158 

Removal from office, the causes of 66 158 

Term following the first election, how based 66 158 

Term of office 65 158 

Vacancies, how filled 66 158 

98 



Page Sec. 

Motions, how adopted 67 159 

Officers, election of 66 159 

Offices, where located 66 159 

Property, see School Property 

Secretary of Board, personnel of; the duties of . .67 160 

Secretary pro tern, how appointed 67 160 

Teachers, power of refusal to accept 68 165 

Teachers, their relation to the Board 67 • 160 

BONDS, to guarantee proper treatment of dependent children 86 196 

BONDS, the issue of to provide for school funds 

By boards of education 55 125 

By county boards 30 72 

BORROWING POWER LIMITED 

Of boards of education 59 132 

Of county boards 30 72 

BUDGET, the preparation of 

Boards of education, items supplied by 57 131 

Boards of school trustees, items supplied by 67 162 

County boards of education, items supplied by 34 83 

BUILDING CONTRACTS, see Contracts 

(39 95 

BUILDING PROGRAM, the development of (62 143 

BUILDINGS 

Adequate provision for required 52 125 

Care of, in whom vested 67 161 

Permission for use of 69 168 

Recommendations for condemnation of 62 143 

Reporting condition of 67 162 

Standards required, by whom formulated 6 8 

CENSUS, see School Census 

CERTIFICATION OF TEACHERS, see Teachers' Certificates 

CHARGES against officials, how filed 14 33 

CHILDREN, rules concerning 85 193 

CLASSIFICATION OF HIGH SCHOOLS, how determined. .87 199 

CLASSIFICATION OF PRINCIPALS AND TEACHERS, how 

determined 76 174 

COLORED SCHOOLS, the maintenance of 52 124 

COMMUNITY CENTERS, definite steps toward making ..68 166 
CONDEMNATION PROCEEDINGS 

Appeal provided for 29 72 

Boards of education, power to institute vested in .... 53 125 

County boards of education, power to institute vested in 28 72 

Freeholders' Committee, how appointed, duties of .... 29 72 

Method of payment 29 72 

Record of, with whom filed 29 72 

99 



CONFERENCES, by whom conducted 



Page Sec. 

38 94 

14 34 

61 142 



CONSOLIDATED SCHOOLS, appropriation for encourage- 
ment of 92 210 

CONSOLIDATION OF SCHOOLS 

How and by whom effected 31 76 

Method of financing for 10 19 

Plans for, by whom worked out 40 98 

CONTRACTS 

Building 

Boards of education, approval of required 52 125 

County boards of education, approval of required. .28 72 

County superintendent of schools, written approval 

of required 39 95 

Dependent children, relating to 86 196 

State board of education, approval of when required . . 6 8 

State commissioner of education, written endorsement of 

required 6 8 

Superintendent of schools, written approval of required 62 143 
Supplies and text books, for purchase of 

County superintendent of schools, written approval 

required 41 105 

Superintendents of schools, written approval re- 
quired 63 • 149 

Teachers', when effective 56 128 

f 61 139 

CONTROVERSIES, decision of <! 38 91 

[32 13 

COUNTY BOARDS OF EDUCATION 

Condemnation proceedings, power to institute 28 72 

Donations, power to receive 28 72 

Duties 

Admission of pupils, formulating condition of 

In elementary schools 31 74 

In high schools 31 75 

Attendance districts, the establishment of 27 71 

Bequests for schools, the controlling of 25 66 

Boards of Trustees, co-operation with 27 69 

Bonds determining the denomination of; providing 

for the payment of 30 72 

Border Schools, providing joint powers for the 

maintenance of 30 73 

Budget, the preparation of 34 83 

Building, approving contracts for; employing the 

architect for 28 72 

County Superintendent, the appointment of 24 63 

Courses of study, the prescribing of; the providing 

printed copies of 32 79 

Educational Policies, the determination of 27 70 

100 




Page Sec. 

Forms for employees, the prescribing of 33 82 

Free Public Schools 

General administration and supervision of . . 20 60 

Maintaining uniform system of 26 68 

Free Transportation, arranging provision for.... 31 74 

In consolidated schools 31 76 

In small schools 32 77 

Funds, making provision for 34 83 

Ground, the buying and selling of; the providing of 27 72 

Office Quarters for County Board, the providing of 44 113 
-Outside pupils, prescribing methods of admission 

(elementary grades) for 31 74 

Policies of the State Board, the execution of 26 68 

Rules and Regulations for Schools, the prescrib- 
ing of 27 70 

School buildings, the managing of 28 72 

School system, the control and supervision of 27 69 

Schools, the consolidation of 31 76 

the location of 21 71 

Schools (county), the standardization of 32 78 

Schools (small), the elimination of 32 77 

Supplies, the purchase of 33 81 

Teachers, appointment of; fixing the salary of ... .32 80 

Text Books, selection and distribution of 33 81 

Transportation for County Superintendents, the 

providing of 44 113 

Election 

Ballot, how arranged 21 60 

Misdemeanor, on part of official defined 22 60 

Misdemeanor, on part of voter defined 22 60 

Nominations, how made 21 60 

Officers, personnel specified 21 60 

Provisions, special for 1920 23 60 

Results, official announcement of 22 60 

Rules and Regulations governing 21-22 61 

Voters (for county board), eligibility defined ...21-22 60 
Voters (for special district boards), eligibility de- 
fined 21 60 

When held 21-23 60 

Meetings 

Annual, regular, special, rules governing, when held 23 61 

Members 

Compensation, amount allowed 24 62 

Number required 20 60 

Qualifications defined 23 60 

Re-election, eligibility for 23 60 

Terms (first and subsequent), length of defined . .23 60 

Vacancies, how filled 23 60 

Moneys, how paid; where deposited 24 64 

Motion or resolution, how adopted 23 61 

Nomination of county and special boards 21 60 

101 



Page Sec, 
Office assistants, minimum force defined; nomination 
of; recommendations for removal of; supervi- 
sion over 43 112 

Officers of Board, how chosen 23 61 

Offices, how provided, where located 23 61 

Present Boards, qualifications for reappointments .... 22 60 

Principal of schools, rules concerning 33 80 

Qualifications for voting at regular elections 21 60 

Secretary pro tem, selection provided for 24 63 

Secretary, personnel defined 24 63 

Term of office 23 60 

Title to property required 28 72 

Treasurer, duties and personnel defined 24 64 

Voter, eligibility, misdemeanor, and punishment for mis- 
demeanor defined 21-22 60 

Voting, method of 22 60 

COUNTY SUPERINTENDENTS OF SCHOOLS 

Additional duties, by whom assigned 44 114 

Appointment, by whom approved 36 89 

Attendance officer, appointment, when valid; compen- 
sation of, duty of, salary of 43 112-2 

Duties 

Admission of pupils into High School Grades, pre- 
paring rules for , 39 97 

Admission of pupils into Elementary grades, pre- 
paring rules for 39 96 

Annual report (to people of county), the prepara- 
tion of 42 111 

Architect, recommending the employment of .... 39 95 

Attendance, the enforcement of law relating to . .42 110 

Budget for county, the preparation of 42 108 

Building program for county, the development of. .39 95 

Certificates, provisional, the issuing of 40 102 

Condemnation of buildings, recommending the.... 38 95 

Conferences, the conducting of 38 94 

Consolidation of schools, the working out of plans 

for 40 98 

Contracts, the approval of 39 95 

Contracts (county), when valid 39 95 

Controversies (county), giving decisions concerning 38 91 

Correspondence, the conduct of 24 63 

Courses of study, the prescribing of 40 101 

Deaf and Dumb, superintending expenditures on. .93 214 

Employment certificates, the issuing of 85 194 

Forms and Blanks, the preparation of 41 107 

Funds, effort to secure 42 108 

Laws, responsibility for execution of 37 90 

responsibility fcr the explanation of 38 91 

102 



Page Sec. 

Local Institutes, the organization of 41 104 

Meetings of Board, the attendance of 24 63 

Office assistants, recommendations for removal of, 

supervision over, nomination of 42 112 

Plans for buildings, the preparation of 39 95 

Professional insight, the development of 38 94 

Professional reading, the direction of 41 104 

Public interest in education, the development of . . 38 94 

Public interest in schools, the awakening of ....41 106 
Recommendation — concerning educational policies, 

the making of 38 93 

concerning schools 38 92 

Records, the preservation of 24 63 

Reports, the care of 24 63 

Representative of State Commissioner, to act as. .40 102 

School census, the direction of 42 109 

Schools, grading and standardization of 40 100 

visiting of 41 108 

School property, recommendations concerning pur- 
chase and sale of 39 95 

Schools (small), recommending the closing of ....40 99 

Standardization of schools, preparation of rules for 40 100 

Teachers' certificates, keeping a record of 76 174 

Teachers* positions, the assigning of 41 103 

Teachers' salaries, the naming of 41 103 

Teachers, the nomination of; the promotion of; the 

recommending for dismissal of 40-41 103 

Text books and supplies, the purchasing of 41 105 

Witnesses, the examination of 38 91 

Work of the school, spreading knowledge of ....41 104 

First appointment under new law 37 89 

Office assistant, minimum force defined 43 112 

Qualifications for office defined 36 89 

Removal from office, reasons for 37 89 

Right of appeal guaranteed 3^ 91 

Salary, how based, maximum named 37 89 

Term, length of 36 89 

Transportation, how provided 44 113 

Vacancy, how filled 37 89 

Voting power prohibited 24 63 

COURSES OF STUDY 

S 40 101 

Distribution provided for | 63 145 

How prescribed 7 11 

f40 101 

Preparation and submission of ^15 39 

[ 63 145 

S 7 11 

Printing of required 1 56 127 

Language restriction in elementary grades 7 11 

Subjects required in elementary grades 7 11 

103 



Page Sec. 
CREATION OF NEW SPECIAL DISTRICTS, how boards are 

chosen 48 117 

\ 69 168 

DAMAGE to school property, by whom repaired | 68 163 

DEAF AND DUMB, supervision of expenditures for 93 21^ 

DEBT, assumption of (county school) 10 Ic"^ 

DIPLOMAS 

High School 

Acceptance by State colleges required 90 ^03 

Information required on 90 203 

Minimum requirements prescribed 6 10 

Presented by teachers, the acceptance of 7 13 

DISTRICT BOARDS, how abolished 25 67 

DISTRICT PROPERTY, how held; when transferred 25 67 

DISTRICTS, certified list of required 92 213 

(53 125 

DONATIONS, by whom received j 28 72 

^27 70 

EDUCATIONAL POLICY, the determination of | 52 124 

the recommendation of 61 141 

ELECTIONS 

Ballot, arrangement of 21 60 

(45 115 

How conducted j 21 60 

Misdemeanor on part of official defined 22 60 

Misdemeanor on part of voter defined 22 60 

Nominations, how made 21 60 

145 115 

Officers for designated 1 21 60 

Results, official declaration of 22 60 

H5 115 

Special provisions for 1920 | 23 60 

Vote, the certification of; the counting of 46 115 

i 45 115 

Voters, qualifications of 1 21 60 

(45 115 

When held \ 21-23 60 

ELECTED OFFICIALS, how removed 14 33 

EMPLOYMENT CERTIFICATES, how issued 85 194 

ENROLLMENT in delinquent schools, parents' right to be 

heard 85 192 

EXAMINATIONS 

Details of, by whom determined 70 lb9 

How conducted, how graded, personnel of commission- 
er's assistants defined, type of questions defined 69 169 
Publication of bulletin required 70 169 

104 



Page Sec 
EXEMPTION from school attendance, application for, how 

gained 82 187 

FALSE TESTIMONY, punishment defined 38 91 

FEDERAL BOARD OF VOCATIONAL EDUCATION, co-op- 
eration with 11 24 

FINANCE 

Accounts and budget, how kept 18 50 

Method of described 30 72 

FINES 

School attendance 

Amounts imposed; how collected; how used; pre- 
vious notice required; to whom paid . . . .83-84 189-190 

School district, amount; penalty; to whom paid 68 163 

Stray laws, to whom paid 93 215 

?ORMS AND BLANKS 

f 41 107 

Preparation of flS 50 

L 64 151 

[33 82 

Prescribing of ^1 22 

[57 130 

Responsibility for use of 18 50 

FREEHOLDERS' COMMITTEES, compensation pro^?:ided; 

how appointed 29 72 

FREE PUBLIC SCHOOLS, for whom maintained; number- 
ing of districts; standards required; two kinds enum- 
erated; uniform system required 26 67-68 

FREE SCHOOLS, administration and supervision of 44 115 

FREE TRANSPORTATION, when provided 27 71 

Consolidated schools 31 76 

Elementary schools 31 74 

High schools 31 75 

Small schools 32 77 

1 26 68 

FREE TUITION, how obtained | 39 97 

FUNDS 

Borrowed, how paid 59 132 

From bonds, their use defined 55 125 

How kept, how paid, record of 5 5 

GENERAL ADMINISTRATION OF SCHOOLS, power (44 115 

for, in whom vested 1 20 60 

GENERAL POLICIES, discussion of required 68 166 

GIFTS, their exemption from taxes 48 120 

f40 100 

GRADING AND STANDARDIZATION, the preparation \ 62 144 

of rules for 1 15 38 

The prescribing of rules for 6 10 

105 



Page Sec. 
GROUND, the buying and selling of; the providing of 27 72 

HEALTH REGULATIONS, the preparation of 15 37 

The prescribing of 6 9 

HIGH SCHOOLS 

Classes of Schools 

First class, course of study, time required; term, 
length of; minimum conditions prescribed; 
principal qualifications of; teachers, grade re- 
quired; teachers, special, minimum number 
required; teachers, special provision for ad- 
ditional 87-88 199 

Second class, course of study, time required, term, 
length of it; minimum conditions prescribed; 
principal, qualifications of; teachers, grade 
required; teachers, special, minimum number 
required; teachers, special provision for ad- 
ditional 88 199 

State Aid, Commissioners' report concerning, when 
submitted; information, upon what based; in- 
spection of; number limited 89 200 

Classification, by whom, arranged 87 199 

Courses of study, by whom prepared 90 204 

Diplomas, information required thereon defined; the 

acceptance of by colleges guaranteed 90 203 

Pupils from other districts, admission of 90 202 

State Aid, amount, how based — first class, second class 90 201 
Students' certificates, see Diplomas 

( 9 17 

HOLIDAYS, how fixed (16 43 

IMPORTATION OF DEPENDENT CHILDREN 

Adoption, first requirement 85 195 

Application, to whom made 85 195 

Bond 

Amount defined ♦ 86 196 

Condition of 86 196 

Giving of required 85 195 

Why given 86 196 

Contract, requirements of 86 196 

Law, infringement of defined 85 195 

Removal from State, following conviction of crime; for 

becoming public charge; when required 86 196 

Reports, information required; with whom filed 86 196 

Rights of child, annual visit required; supervision re- 
quired 86 196 

Rules, by whom made; punishment for violation of; 

subjects included 87 197-198 

INSPECTION OF HIGH SCHOOLS required 17 45 

106 



Page Sec. 

INSTITUTES, the organization and conduct of 63 148 

Local, the organization and conduct of 41 104 

Effect of violation 7 11 

INSTRUCTION IN GRADES, fixing the limit for 15 38 

INSTRUCTION, private, the equivalent 82 188 

INTEREST IN EDUCATION, the development of 62 142 

INVESTIGATION OF EDUCATIONAL NEEDS, provid- S 12 26 

ing the means for 1 19 53 

JANITOR, by whom employed 68 164 

KINDERGARTENS, how established 26 68 

LAND, condemnation of, amount limited; method described. 28 72 

LANGAUGE in elementary schools, penalty for violation 

of defined 7 11 

LAW [ 5 6 

I 14 33 

Enforcement of ^37 90 

[ 60 138 

f 61 139 

Explanation of ^38 91 

[13 32 

Infringement of defined 85 195 

Publication of required 14 34 

LEGISLATION, the recommendation of 13 29 

The proposal and preparation of 19 56 

LENGTH OF TERM, the fixing of 16 43 

MEDICAL INSPECTORS AND NURSES, the employ- 
ment of 51 125 

MEETINGS 

Boards of Education 47 116 

Boards of School Trustees 66 159 

County Boards of Education 23 61 

State Board of Education 4 2 

MEMBERS OF EDUCATIONAL BOARDS 

Boards of Education, rules governing 45-47 115-116 

Boards of School Trustees, rules governing 65-66 158 

S 21-23 60 

County Boards of Education, rules governing | 24 62 

State Board of Education 3-6 1-7 

MONEYS, how borrowed 59 132 

How paid, where deposited 48 118 

Purpose of appropriation 91 206 

MOTIONS OR RESOLUTIONS, how adopted 

Boards of Education 47 ng 

Boards of School Trustees 66 159 

County Boards of Education 23 61 

State Board of Education 4 2 

NEW BUILDING CONSTRUCTION, the approval of ...15 36 

107 



Page Sec. 

NEW CODE, effect of on present certification of teachers. 70 170 

NEW DISTRICT (SPECIAL) BOARDS, how chosen .. .48 117 

f38 41 

OATHS, power to administer, punishment for violation of ] 14 32 

[ 61 139 
OFFICERS OF EDUCATIONAL BOARDS, how chosen 

Boards of Education 45 115 

Boards of School Trustees 66 159 

County Boards of Education 23 61 

State Board of Education 4 2 

OFFICES, where located 

Boards of Education 47 116 

Boards of School Trustees 66 159 

County Boards of Education 23 61 

State Board of Education 4 2 

ONE ROOM SCHOOLS, when prohibited 32 77 

OUTSIDE PUPILS, see Admission of Pupils 

PETITION for nomination of County Boards, rules con- 
cerning 21 60 

PHYSICIAN'S CERTIFICATE, when required 83 188 

PHYSICIAL CONDITION, when cause for exemption 83 188 

PLANS for buildings, the preparation of 39 95 

For repairs, the submission of 67 161 

PLAYGROUNDS, how established 26 68 

[46 115 

PRESENT BOARDS OF EDUCATION, eligibility for re- ^ 22 60 

appointment [ 3 1 

PRIVATE SCHOOLS, form of reports required 19 50 

^ 51 122 

PRINCIPALS AND SUPERVISORS, the employment of } 63 147 

PRIVATE TEACHERS, power to exempt, reports re- 
quired of 82 187 

f 52 122 

PROFESSIONAL AND CLERICAL ASSISTANTS, pro- ] 43 112 

vided .^ [20 58 

PROFESSIONAL READING, the direction of 41 104 

PROPERTY 

i 52 125 

Buying and selling of, power, in whom vested [27 72 

Care of, in whom vested 67 161 

Consideration of needs of, responsibility for 67 162 

Damage, punishment for 68 163 

Recommendations concerning purchase and sale of ... .39 95 

Reporting condition of 67 162 

Title, transfer of 10 18 

Title, when required 28 72 

PROPERTY TAX, see Taxes 

PUBLICITY, the conduct and preparation of 14 34 

108 



Page Sec, 
QUALIFICATIONS for office defined 

County Superintendent of Schools 36 89 

State Commissioner of Education 13 31 

Superintendent of Schools 60 137 

RECORDS of Teachers, where found 75 173 

RIGHT OF APPEAL, provision for 75 172 

REVOCATION OF CERTIFICATES, see Teachers' Certificates 

SALARIES, see Teachers' Salaries 

SALARY OF STATE COMMISSIONER OF EDUCATION, 

how fixed 13 31 

SCHOOL ATTENDANCE 

Children, enrolled 

Disorderly conduct defined 85 193 

Employed, legal requirements concerning 82 188 

Employment certificate, how issued 85 194 

Incorrigibility, how treated; expense of, how paid. 85 193 

Unemployed, legal requirement concerning 82 188 

When excepted from regular requirements 82 187 

Enforcement of law, fines imposed 83 189 

Enrollment in delinquent schools, parents' right to be 

heard 85 192 

Excuses, power to grant ; 82 187 

Exemption, application for, how gained 82 187 

Fines 

Amounts imposed 83 189 

How collected 84 189 

How used 84 190 

Previous notice required 84 189 

To whom paid 84 190 

Instruction, private, when equivalent 82 188 

Law, to whom applied 82 187 

Physicians' certificate, when required 83 188 

Physical condition, exemption for 83 188 

Private teachers, power to exempt; reports required of 82 187 

Prosecution, power for provided 84 189 

Schools for delinquents, special, establishment of . .84 192 
Truants 

Arrest of, by whom apprehended; where placed.. 84 191 

Habitual, provision for special schools 84 192 

Method of treatment 85 193 

SCHOOL CENSUS 

Acceptance of, by whom 18 48 

f 42 109 

Direction of, by whom <{ 18 48 

[ 64 153 

Rules for takmg, the preparing of 18 48 

Rules for taking, the prescribing of 10 20 

109 



Page Sec. 
SCHOOL FUND 

Apportionment of; adudit of; donor's name, the publi- 
cation of 91 207 

Source defined 92 212 

SCHOOL GROUNDS, see Grounds 

SCHOOL BUILDINGS, see Buildings 

SCHOOL. PROPERTY, see Property 

SCHOOL SYSTEM, control and supervision of 27 69 

SCHOOL TAXES, see Taxes 

SCHOOL TERM, length of defined 26 68 

SCHOOLS 

Consolidated, see Consolidation of Schools 

For delinquents, the establishment of 84 192 

Grading and Standardization of, see Grading, etc. 

S 61 140 

Locating of 1 27 71 

S 6 10 

Private, rules governing | 11 23 

Near Boundary Line, how maintained 30 73 

Special Types, how established 26 68 

State Aid. information concerning 89 200 

[ 68 167 

Visiting, by whom required ^41 106 

[ 64 150 

^30 72 

SEAL, authority for adoption 1 55 125 

SMITH-HUGHES VOCATIONAL EDUCATION 

Act defined 11 24 

Rules for administration of, the preparation of 19 51 

[ 50 122 

SPECIAL DISTRICTS, creation of and rules governing \ 9 18 

[17 44 

STATE BOARD OF EDUCATION 

Additional duties, provision for assignment of 13 30 

Appointments, how made 3 1 

Duties of Members 

Admission of students, formulation of rules gov- 
erning 8 16 

Boundaries (school districts), the determination of. 10 18 

Budget, the preparation of 12 27 

Building construction rules, the adoption of 6 8 

Buildings, new, the approval of 6 8 

Census, prescribing the rules for 10 20 

Children (dependent) regarding the importation of 12 25 

Commissioner, the appointment of 13 31 

Controversies, decisions concerning 13 32 

County Boards, co-operation with 10 19 

Diplomas, acceptance of 7 13 

110 



Page Sec. 
Diplomas and Certificates, prescribing the minimum 

requirements of 6 10 

Explanation of School Laws 13 32 

Federal Board of Vocational Education, co-opera- 
tion with 11 24 

Forms, prescribing uniform series of 11 22 

Health, the safeguarding of 6 9 

High Schools, rules governing 8 15 

Holidays, the naming of . . . '. 9 17 

Importation of Children, general supervision of . .87 197 

Investigation, providing the means for 12 26 

Legislation, the recommending of 13 29 

Report, submission of to Governor 12 28 

School Attendance, prescribing, regulations for.. 11 21 
Schools, defining instruction limits of, the grading 
and standardization of; prescribing the course 

of study for 6-7 10-11 

Schools, private, reports, the requiring of 11 23 

Special districts, prescribing the qualifications of . . 9 18 
Summer School, prescribing rules of attendance for 8 14 
Teachers' Examinations, prescribing rules and reg- 
ulations for 7 13 

Teachers' pay during absences, fixing rules for 9 17 

Term, fixing length of 9 17 

Text books, fixing price of; selection of 7 12 

Tuition rates, the fixing of 8 16 

Funds, how kept, how paid, record of, where deposited 5 5 

Meetings, annual, regular, special, when and where held 4 2 

Members, appointment of, qualifications for 4 1 

Compensation of 4 3 

Duties of 

Educational policies, the determination of . . 5 6 

Free schools, the supervision of 5 7 

/ Other officials, consultation with 6 7 

Public sentiment, the development of 6 7 

State Commissioner, the appointment of 4 4 

Eligibility 4 1 

Expense, provision for payment of 4 3 

How appointed 3 1 

Number on board 3 1 

Removal from office 5 6 

Term of office 3 1 

Vacancies, how filled 4 1 

Vacancies (caused by removal), how filled 5 6 

Motion or Resolution, how adopted 4 2 

Offices, where located 4 2 

Officers, election of 4 2 

School Buildings, power to condemn 6 8 

Treasurer, duties and method of selection defined 5 5 

STATE COMMISSIONER OF EDUCATION 

Appointment, how made 13 31 

Additional duties, how assigned 20 59 

111 



Page Sec. 
Duties 

Administration of State Department, responsibili- 
ty for 20 57 

Applications for State Aid (county), examination 

of; recommendation concerning; report on., 18 47 
Assistants in State Department, fixing salary of; 

nomination of; removal of 20 57 

Budget, the prepara4:ion of 19 55 

Business Methods and Accounts the examination of 14 34 

Certificate, keeping records of 76 173 

Certification of teachers, fixing of minimum require- 
ments; preparation of rules governing, ... 15 38 

Charges against officials, the filing of 14 33 

Conferences, the conducting of 14 34 

Correspondence, the conducting of 4 4 

Courses of study, the preparation of 15 39 

Daily sessions, fixing the hours of 16 43 

Educational needs; proposing investigations of.... 19 53 
Examination of teachers, preparation of rules 

governing 16 41 

Examinations, publication of bulletin concerning. .70 169 

Executive officer, acting, for State Board 14 34 

Forms and blanks, responsibility for use of; the 

preparation of uniform system of 18 50 

Health regulations, the preparation of 15 37 

Holidays, designation of 16 43 

Importation of dependent children, preparation of 

rules for enforcement of law regarding. .. .19 52 

Inspection of high schools receiving State Aid.... 17 45 

Instruction in grades, fixing of limit for 15 38 

Law, the enforcement of 14 33 

Legislation, the proposal and preparation of 19 56 

Length of school term, the fixing of 16 43 

Meetings, attendance of 4 4 

New Building construction, the approval of 15 36 

Proposals for purchase of school grounds, the 

passing on 15 36 

Publicity, the preparation of 14 34 

Pupils from outside districts, preparation of rules 

for the admission of 18 46 

Records, the keeping of 4 4 

Remodeling of school buildings, the approval of... 15 36 
Removal of elected officials, the recommending of. 14 33 
Reports, the examination, the keeping, the prepara- 
tion of 14 34 

School A^ttendance, preparation of rules for the 

enforcement of 18 49 

School Buildings, preparation, of rules for the con- 
struction of 14 35 

School Census, preparation of blanks for, rules for 18 48 

School Laws, the publication of 14 34 

Smith Hughes Vocational Education Act, rules for 

administration of 19 51 

Special Districts, condition required of; inspection 
of ;-investigating applications of; recommend- 
ing withdrawal of privileges of 16-17 44 

112 



Page Sec. 

Standardization of schools, preparing rules for.... 15 38 
State Aid for high schools, investigation of plea, for; 

preparation of rules for; recommendation 

for withdrawal of 17 45 

State Aid Schools, the providing of information 

concerning 89 200 

State Board, acting secretary of 4 4 

Summer School, preparation of rules governing the 

attendance of 16 42 

Teacher applicants, keeping complete record of ...75 173 

Teachers' Contracts, preparing the form of 16 43 

Teachers' pay during illness, the fixed of 16 43 

Text books, preparing the list of 16 40 

Tuition for outside pupils, fixing the amount of . . .18 46 

Unemployed teachers, providing notice of 76 173 

Witnesses, the examination of 14 32 

Elected officials, how removed 14 33 

Oaths, power to administer, punishment for violation of 14 32 

Professional assistants, provision for 20 58 

• Qualifications for office 13 31 

Removal from office, causes for 13 31 

Salary, how paid 13 31 

Term of office defined 13 31 

Vacancy in office, how filled 13 31 

STATE SUPPORT AND DISTRIBUTION OF 

STATE SUPPORT 

Appropriation, when paid 92 210 

Consolidation of schools, appropriation for; payment of 92 210 

Districts, filing certified list of 92 213 

School Fund 

High school enrollment, consideration of elimi- 
nated 93 213 

How apportioned 92 213 

Source defined 92 212 

State Aid 

Apportionment, when paid 93 213 

Funds guaranteed 92 212 

State Department of Education, expense, how pafid. items 

included in 91 209 

Summer School, expense, payment of 92 210 

Treasurer 
Duties 

Apportionment of school fund 93 213 

Receipt of county board funds 48 118 

Submission of report of school fund 93 213 

STATE DEPARTMENT OF EDUCATION 

Administration of, responsibility for 20 57 

113 



Page Sec. 
Assistants, fixing salary of, nomination of, number of, 

removal of . 20 57 

Expense, how paid 91 209 

SUMMER SCHOOL, requirements for State Aid, preparation 

of rules concerning 16 42 

prescribing rules concerning 8 14 

SUPERINTENDENT OF SCHOOLS 

Appointment, when valid 60 137 

Duties 

Architect, recommending the employment of 62 143 

Attendance laws, the enforcement of 64 154 

Budget, the preparation of 64 152 

Building plans and specifications, the preparation 

of 62 143 

Building Program, the development of 62 143 

Conferences, the call and conduct of 61 142 

Contracts, building, the approval of 62 143 

Contracts for supplies, the approval of 63 149 

Controversies and disputes, the deciding of 61 139 

Courses of study, the distribution of, the prescrib- 
ing of 63 145 

Duty, proper performance of on part of employees, 

responsibility for 65 156 

Educational policies, the recommendation of 61 141 

Employment certificates, the issuing of 85 194 

Examinations, representing State Commissioner at 63 146 

Forms and blanks, employees, the preparation of.. 64 151 

Funds, effort to secure adequate 64 152 

Grading and standardization of schools, preparation 

of rules for 62 144 

Institutes, the organization of 63 148 

Interest in education, the development of 62 142 

Reports, the preparation of 65 155 

Rules and regulations, the execution of 61 138 

School buildings, recommendations concerning, the 

making of 62 143 

School census, the direction of 64 153 

School Laws, explanation of 61 139 

Schools, recommendations concerning kind, grade, 

and location of 61 140 

tlie grading and standardization of 62 144 

the visiting of 64 150 

Teachers and employees, fixing salary or jurisdic- 
tion over; the nomination of 63 147 

Teachers' Certificates, keeping the records of 76 174 

Teachers' reading, the direction of 63 148 

Text books and supplies, recommendation for the 

purchase of 63 149 

Time, amount of required 60 137 

Witnesses, the examination of 61 139 

Oaths, the power to administer 61 139 

114 



Page Sec. 

Office Quarters and Supplies, how provided 65 156-A 

Present Incumbent of Office, provision for continuance of 60 137 

Qualifications defined 60 137 

Removal from office, causes for; how accomplished . . .60 137 

Representative of State Commissioner, when acting . . 63 14G 

Salary, amount specified; new basis, when eff ective . . . 60 137 

Term, length of 60 137 

Vacancy, how filled 60 137 

TEACHER TRAINING COURSES, restrictions concerning 8 13 

TEXT BOOKS AND SUPPLIES 

) 56 129 

Purchased by 1 33 81 

1 41 105 

Recommended by 1 63 149 

TEXT BOOKS 

f56 129 

Changes of, how made ^33 181 

[ 7 12 

Price of, by whom fixed 7 12 

Provision and free use granted 56 129 

f56 129 

Selection of, by whom made ^33 81 

L 7 12 
TRANSPORTATION, provision for 

For County Superintendent of Schools 44 113 

For Children, see Free Transportation 

f48 118 

TREASURER OF SCHOOL FUNDS, personnel defined .... -j 24 64 

[ 5 5 

TRUANTS, arrest of; by whom apprehended, where placed. 84 191 

TRUSTEE OF SCHOOL FUND 

Moneys, why appropriated 91 206 

Personnel designated 91 205 

Principal, how held 91 206 

School Fund, how apportioned; how audited; publica- 
tion of donor's name required 91 207-8 

Trustee powers of defined 90 205 

TUITION RATES how fixed 8 16 

UNEMPLOYED TEACHERS notice of, how provided ....76 173 

VOTERS, see Elections 

SUPERVISORS 

Appointment how made; compensation of; number re- 
quired; qualifications for 43 112 

1 25 66 

TAXATION, exemptions from [30 72 

rules regulating 58 131 

115 



Page Sec. 
TAXES, how and when collected; how expended; where de- 
posited 35 83 

Kinds of defined 34 83 

TEACHERS 

{56 128 

Appointment of 1 32 80 

Certification of, see Teachers' Certificates 

Contracts with 56 128 

J 41 103 

Dismissal, recommendations for ; | 63 147 

TEACHERS' CERTIFICATES 

Appointment of teachers, order of selection 76 173 

Classes of certificates 

Administration and supervision, duration of; of 
whom required; qualifications for; special 
ruling effective 1^35; where valid 70 171(1) 

Elementary school principals' duration of; of whom 

required; qualifications for; where valid... 73 171(9) 

Elementary school supervision, duration of; of 
whom required, qualifications for; where 
valid 71 171(2) 

Elementary school teachers' first grade, duration of ; 
of whom required; qualifications for; special 
ruling effective 1935, where valid 73 171(10) 

Elementary teachers', provisional, duration of; 
qualifications for renewal of; vocational edu- 
cation clause; where valid 75 171(13) 

Elementary school teachers', second grade, dura- 
tion of; qualifications for; renewal of, special 
ruling effective 1935; where valid 74 171(11) 

Elementary school teachers,' third grade, duration 
of; qualifications for; renewal of; special 
ruling effective 1930; where valid 75 171(12) 

Principals' and teachers', first class, qualifications 

defined 76 174 

Principals' and teachers', second class, qualifications 

defined 76 174 

High and elementary school principals', duration 
of; qualifications for, of whom required; 
where valid 72 171(6 

High school principals', duration of; qualifications 

for, of whom required; where valid 72 171(5) 

High school teachers', duration of; qualifications 

for; where required; where valid 73 171(7) 

High school teachers', special, duration of; qualifi- 
cations for; where required; where valid ... 73 171(8) 

Superintendent of schools, duration of; qualifica- 
tions for; where required; where valid.... 71 171(4) 

Supervision, special, duration of; qualification for; 

where required; where valid 71 171(3) 

Classification of principals and teachers, rules governing 76 174 

116 



Page Sec. 
Examinations 

Details of, by whom determined; how conducted; 
how graded; personnel of Commissioner's 
assistants defined; publication of information 

concerning; questions, type of required 69 169 

General rules, minimum qualifications defined 70 170 

New Code, effect of on present cerification ...70 170 

Record of certificates, where found 76 173 

Records of teachers, where kept 75 173 

Revocation of certificates, causes for; power of 75 172 

Teaching staff 

General qualifications defined 70 170 

Suspension of 75 172 

Unemployed teachers, where registered 76 173 

Unexpired certificates, rules concerning 76 173 

TEACHERS' SALARIES 

Classifications 

Elementary teacher, first grade, minimum salary 

and graduating scale defined 78 178 

Elementary teacher, second grade, minimum salary 

and graduating scale defined 77 177 

Elementary teacher, third grade, minimum salary 

and graduating scale defined 77 176 

-: High and elementary school principal, minimum 

salary and graduating scale defined 79 181 

High school teacher, minimum salary and graduat- 
ing scale defined 79 180 

High school principal, minimum salary and graduat- 
ing scale defined 80 182 

Principal, elementary school, minimum salary and 

graduating scale defined 78 179 

Provisional second grade, minimum salary defined 76 175 

Provisional third grade, minimum salary defined. 76 175 

Superintendent of schools, minimum salary and 

graduating scale defined 80 183 

Enforcem.ent of law, provisions for 81 183 

New scale, when effective 81 184 

Payment, when due 81 186 



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TABLE OF CONTENTS 



Boards of Education 44 

Boards of School Trustees 65 

County Boards of Education 20 

County Superintendents of Schools 36 

General Index 95 to 117 

High Schools 87 

Importation of Dependent Children 85 

School Attendance 82 

State Board of Education 3 

State Commissioner of Education 13 

State Support and Distribution of State Support 91 

Superintendent of Schools 60 

Teachers' Certificates 69 

Teachers' Salaries 76 

Trustee of School Fund 90 

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LIBHAMT v--! 



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